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The Islamabad High Court (IHC) on Thursday issued a notice to the Federal Investigation Agency (FIA) on a petition moved by former prime minister Imran Khan challenging in-camera proceedings of the cipher trial at Adiala Jail.
The former premier, in his plea filed a day ago, had challenged his trial in jail and subsequent developments, including the framing of charges and a gag order on the media.
The Special Court (Official Secrets Act) had begun the cipher trial afresh last week at the Adiala district jail after Imran and former foreign minister Shah Mehmood Qureshi were indicted for a second time in the case on Dec 13.
The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.
The former premier and his aide Qureshi, who is also behind bars, were first indicted in the case on Oct 23. Both had pleaded not guilty. The trial was being held at Adiala Jail and four witnesses had already recorded their statements when the IHC termed the government’s notification for a jail trial “erroneous” and scrapped the entire proceedings.
The IHC had endorsed Imran’s indictment, disposing of his plea against the same, but had also instructed the special court judge to ensure a “fair trial”.
On Dec 20, the IHC issued a detailed judgement explaining reasons for scrapping the earlier round of proceedings of the special court due to a lack of transparency and openness. The court linked the open court proceedings with the independence of the judicial system.
The hearing
Today, Imran’s legal counsel Barrister Salman Akram Raja appeared in court as Justice Miangul Hasan Aurangzeb began hearing the petition. Additional Attorney General Munawar Iqbal Duggal also in attendance.
At the outset, Raja contended that the prosecution had levelled a single allegation and did not provide any explanation to support their demand.
He highlighted that the special court had rejected bail for former foreign minister Shah Mehmood Qureshi in the cipher case and instructed that the trial be completed in for weeks.
Here, Justice Aurangzeb questioned whether the stipulated four weeks were indeed granted for trial completion, seeking clarification from the additional attorney general.
“We do not give a period of four weeks even in simple cases,” the judge remarked.
For his part, Imran’s counsel emphasised that IHC Chief Justice Aamer Farooq had stated in his verdict that the trial must be finalised within four weeks. “The trial court is conducting daily proceedings in the case,” he further said.
“Is the judge suggesting that the indictment, if it has occurred, should not be disclosed to the public?” Justice Aurangzeb inquired.
In his response, Imran’s counsel said, “The trial court judge has ordered that no information regarding the case be disclosed or discussed.” He added that the judge had specifically directed that relatives of the suspect should refrain from discussing the proceedings anywhere.
Raja added that the trial court, in its verdict, referred to this as a “direction case”.
At that, the judge sought clarification on the meaning of a “direction case”. Justice Aurangzeb subsequently summoned the attorney general on Friday.
During the hearing, Imran’s counsel also formally requested the court to grant a stay in the case. However, the court did not immediately accept the plea and issued a notice to the FIA to submit its response on the matter.
Justice Aurangzeb asserted that the court would prefer to hear the attorney general’s statement on the matter as well. The hearing was later adjourned till Friday.
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