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

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Islamabad High Court
The Islamabad High Court (IHC) on Thursday rejected the PTI’s request seeking an immediate stay order on ex-premier Imran Khan’s in-camera trial in the cipher case as it issued a notice to the federation.

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. 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 Friday, the Supreme Court had approved the post-arrest bails of Imran and Qureshi. While Imran remains incarcerated in other cases, it was expected that the PTI vice chairman would be released. However, Qureshi was manhandled and re-arrested outside Adiala jail by Punjab police yesterday in connection with a case pertaining to the attack on the General Headquarters (GHQ) in Rawalpindi on May 9.

Last week, Imran had challenged the trial — being conducted at the Adiala jail — and subsequent developments, including the framing of charges and a gag order on the media. He had also sought an immediate stay on the cipher trial.

At the outset of the proceedings today, PTI counsel Salman Usman Gul sought an immediate stay order on the cipher trial. However, the request was rejected as Justice Miangul Hasan Aurangzeb said notices would be first issued to the respondents.

The court then issued a notice to the federation and sought its responses to the PTI petition. It also issued directives for all case documents to be submitted to the IHC.

At one point, Justice Aurangzeb inquired if an authorised government officer could directly approach the court and file a complaint. Gul responded in the affirmative but highlighted that a first information report, not a complaint, had been registered in the cipher case.

“The case is being heard daily. So far, statements of 25 witnesses have been recorded and three were cross-examined,” the lawyer revealed, adding that there were a total of 28 witnesses in the case.

Gul also requested that the IHC direct the special court to conduct the trial after five to six days. “The special court can complete the trial during this time,” he warned.

However, Justice Aurangzeb said the court was first issuing notices and adjourned the hearing.

Earlier, the court had also issued notices to the FIA, which was received by the agency’s prosecutor in the courtroom.

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