The August 29 notification was revoked on Tuesday when the Islamabad High Court (IHC) rendered its decision on an intra-court appeal brought by Pakistan Tehreek-e-Insaf Chairman Imran Khan over his jail trial in the Cipher case.
The ruling, which was reserved earlier in the day, was pronounced by a division bench of the IHC made up of Justices Suman Rifat Imtiaz and Mian Gul Hassan Aurangzeb.
“A magistrate is not required by the Code of Criminal Procedure, 1898, to hold court in a regular courtroom. A written order of the IHC declared the PTI chief’s appeal maintainable and said, “Under extraordinary circumstances and where it is conducive to justice, a trial can be conducted in jail in a manner that fulfills the requirements of an open trial or an in-camera trial provided it is in accordance with the procedure provided by law.”
The notice from the Ministry of Law and Justice on August 29 was deemed to be “without lawful authority and no legal effect” by the court.
“The Cabinet’s decision dated 12.11.2023 informed the Ministry of Law and Justice to issue notifications (F.No.40(68)/2023-A-VIII) dated 13.11.2023 and F.No.40(68)/2023-A-VIII) dated 15.11.2023. These notifications are declared to be of no legal consequence because they were not preceded by an order of the learned Judge, Special Court in terms of Section 352 Cr.P.C. passed in judicial proceedings,” the order read.
The court further explained that the Ministry of Law and Justice’s November 15 announcement, which was based on the same day’s cabinet resolution, could not be applied retroactively.
The trial held in case FIR No.06/2023, dated 15.08.2023 registered under Sections 5 and 9 of the Official Secrets Act, 1923 read with Section 34 of the Pakistan Penal Code, 1860 at Police Station Counter Terrorism Wing, Federal Investigation Agency, Islamabad, in jail premises in a manner that cannot be termed as an open trial stand vitiated, it continued. The proceedings will therefore take effect on August 29, 2023.
The case known as “Cypher” concerns a document that Imran, who was prime minister at the time, waved during a public gathering in March of last year, claiming it was proof of a foreign plot to overthrow him. A few weeks later, the motion was approved, ending Imran’s administration.
Salman Akram Raja, Imran’s attorney, made his case during today’s session. Citing court regulations, he stressed that a trial held inside a prison required the approval of the judge.
He continued by saying that the judge notifies the appropriate ministry after granting authorization. Imran’s attorney went on to say that previous documents did not explain the rationale behind Imran’s jail trial.
Raja said that the procedure used for the same was insufficient.
The attorney declined to answer when the bench questioned whether the government’s order for a jail trial was given in order to fulfill legal requirements, stating that the cabinet’s consent was given without a court order.
The attorney concluded by claiming that none of the notices sent out regarding the detention trial had been sent in compliance with the law.
Mansoor Awan, the Pakistani attorney general, then took the rostrum and said that Imran’s family was permitted to attend, but that a jail trial was not for the general public to witness.
The AGP further stated that security concerns necessitated holding the hearing in Rawalpindi’s Adiala jail.
Following the conclusion of the AGP’s arguments, Justice Aurangzeb stated that a brief order will be issued first, followed by a thorough order, and the bench reserved its decision.
The Islamabad High Court (IHC) dismissed Imran’s previous petitions earlier in October, requesting that the case be dismissed and that his prosecution by the special court constituted under the Official Secrets Act (OSA) be stopped.
The PTI chairman appealed the IHC once more, this time requesting an exception under Article 248. It was asserted in the petition that the Cypher case was not covered by Section 5 of the OSA.
The FIA was served with a notice by the court, and it was hoping to hear back today. In addition, the court combined Imran’s petition with his previous objections to the case.
Imran also opposed the FIA’s plea to hold the case’s proceedings inside the jail premises in a different appeal that he filed with the IHC. But last Thursday, the high court dismissed the motion, noting that the PTI head had the advantage of an in-camera trial and requesting that he address the issue with the trial court.
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