IHC rejects Imran’s request for stay order on cypher trial


ISLAMABAD:

The Islamabad High Court (IHC) on Thursday rejected a request by the Pakistan Tehreek-e-Insaf (PTI) seeking a stay order on incarcerated former premier Imran Khan’s in-camera trial in the cypher case.

The plea, challenging the trial court’s December 12 order, was heard by Justice Miangul Hassan Aurangzeb, who also issued a notice to the federation during the hearing and sought responses to the PTI petition. 

Imran’s lawyer, Salman Usman Gul, urged for the immediate cessation of the trial, however, the request was rejected as Justice Aurangzeb stated that notices would first be issued to respondents, and the matter would be examined later.

The court then inquired from the defence counsel of an authorized government officer could approach the court and file a complaint. The PTI counsel highlighted that a first information report, and not a complaint, had been registered in the case. 

He added that the case is being heard daily and 25 witnesses have recorded their statements, out of which three have been cross-examined. 

The counsel further requested that the IHC instruct the special court to conduct the trial after five or six days as it can “complete the trial during this period”. 

Justice Aurangzeb then adjourned the hearing and said notices will be issued first. 

Key witnesses record statements in cypher case

Previously the prosecution’s key witnesses, including ex-premier Imran’s principal secretary Azam Khan and then ambassador to US Asad Majeed Khan recorded their statement in the cypher case.

Besides the two, former executive magistrate Ubaid Arshad, assistant cypher operation Nauman and the Secretary Ministry of Interior Aftab Ahmed Khan recorded their statements before special court Judge Abul Hasnat Muhammad Zulqarnain, who presided over the open-trial hearing at Rawalpindi Central Jail.

Read Imran moves IHC against cypher case in-camera trial

Earlier in October, the FIA had submitted a list of 28 witnesses in the cypher case against Imran and Qureshi, according to a copy of the indictment.

The Supreme Court granted both PTI leaders bail in the cypher case on December 22  as there was no sufficient incriminating material to show that Imran had revealed the diplomatic document to the general public.

However, their release from Adiala jail is hindered by their involvement in other ongoing cases.

The cypher

The case originated from Imran’s public display of a paper during a rally in Islamabad on March 27, 2022, claiming it as evidence of an “international conspiracy” before a vote of no-confidence led to his government’s ouster.

The FIA initiated its probe into the so-called “cypher-gate” on July 19, 2023, after the previous coalition government announced an official inquiry against the former prime minister and his close associates for violating the OSA.

Imran was arrested on August 5, following his conviction in the Toshakhana case by a local court of Islamabad. Later, he was also arrested in the cypher case on August 29.

As per the challan papers, Imran and Qureshi were charged under sections 5 and 9 of the Official Secrets Act. These provisions entail the possibility of the death penalty or life imprisonment.

Previously, the cypher trial had started inside the Adiala jail but an IHC division bench later annulled all those proceedings, ordering a fresh open court trial.

Source link: https://tribune.com.pk/story/2451421/ihc-rejects-imrans-request-for-stay-order-on-cypher-trial

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