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IHC Extends Stay Against PTI Chairmans Cypher Case Trial Till Tuesday
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The Islamabad High Court (IHC) on Monday extended its stay order against trial of PTI chairman in the cipher case till Tuesday in an appeal against appointment of special court judge and trial in jail
ISLAMABAD, (UrduPoint / Pakistan Point News – 20th Nov, 2023) The Islamabad High Court (IHC) on Monday extended its stay order against trial of PTI chairman in the cipher case till Tuesday in an appeal against appointment of special court judge and trial in jail.
The court also directed to produce the notification regarding the appointment of special court judge and reports pertaining to the security risks to the PTI chairman on next date of hearing.
The bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, which heard the intra-court appeal in the cipher case, asked the petitioner’s lawyer to firstly give arguments on the maintainability of the petition.
Justice Aurangzeb said that the Attorney General for Pakistan had presented some documents, including some special reports and a letter of the CCPO. Apparently on the basis of special reports mentioning security threats, it had been decided to conduct jail trial of the accused, he noted.
The Capital City Police Officer (CCPO) had sent the report to the Interior Ministry, which forwarded it to the Law Ministry and then to the trial court.
The PTI chairman’s counsel Salman Akram Raja said that they came to know about the documents when the Attorney General presented them to the court.
The court noted that the notification of jail trial did not mention the life threats and the special report of the Interior Ministry. Justice Aurangzeb remarked that the government could request for the jail trial through the prosecution.
Salman Akram Raja said the notification of Law Ministry dated October 29, for the jail trial of PTI chairman was not as per the law. There was confusion about the purpose of jail trial, he said, adding that section-9 pertained to the change of court venue not about the jail trial.
The trial court had rejected the prosecution’s application of section-14 of Official Secrets Act.
AGP Mansoor Usman Awan argued that the trial of PTI chairman was started on October 23, when the charges were framed. The proceedings before the said date were pre-trial proceedings, he said.
To a court‘s question, he said that the report regarding the security risk was not placed before the trial judge.
Justice Aurangzeb questioned that on which basis the trial court had written its first letter and asked the AGP to satisfy the court on the point.
The AGP said that the information was in public domain and the trial court’s judge was also aware about it. The judge also realized the fact that he had to go jail for remand of the accused.
The attorney general said that the notification dated 29th October had not affected the rights of accused. The trial court also gave reference of security threats in its order dated August 16, he added.
Salman Akram Raja said that no material had been placed before the trial court judge pertaining to the security threats. The standing of the notification after September 12, was different, he added.
He said that the defence even could not know about the charges against the accused so far as it was viewing the matters pertaining to jail trial and appointment of the special court judge.
Justice Aurangzeb remarked that the approval of Federal cabinet, subsequently, resolved that issue. The lawyer said that the decision of cabinet could not apply on the previous proceedings of the trial court.
The court then adjourned the case till Tuesday.