Cipher Case: Govt moves SC against IHC nullifying cypher jail trial

The federal government argues that the top court lacks the authority to remove the special court’s designation.

On Friday, the federal government challenged the ruling of the Islamabad High Court (IHC) from November 21 that declared Imran Khan’s jail trial in the Cipher matter illegal.

The government claims in its plea that the IHC should not have declared the special court assigned to hear the cypher trial void before properly evaluating the facts. It argued that the high court lacked the power to do away with the special court designation.

The federal government’s application was presented by attorney Raja Rizwan Abbasi.

Respondents to the petition include Imran Khan, judge Abul Hasnat Zulqarnain of the special court, the chief commissioner of Islamabad, the DG of the FIA, the IG, and the DC.

The PTI chairman Imran and vice chairman Shah Mahmood Qureshi’s trial in the detention case pertaining to the cipher was deemed null and void by the IHC on November 22.

Read More: Azam Khan provides additional statement in Cipher Case

The Law and Justice Division’s August 29 notification that the PTI chairman’s trial in the cypher case, which is being held at Attock jail, had “no objection,” according to the ministry. However, the court ruled that the notification lacked legal authority and had no legal bearing because it was not issued by the appropriate government and did not comply with the requirements outlined in Section 352 of the Code of Criminal Procedure, as well as Rule 3 in Part-A of Chapter-1 in Volume-III of the Rules and Orders of the Lahore High Court.

The law ministry’s notices on Imran’s jail trial, which were sent out on September 12, September 25, October 3, and October 13, were deemed to be “without lawful authority and no legal effect” by the court in its brief ruling.

It further stated that the notices sent out by the law ministry on November 13 and November 15 in response to cabinet decisions were “of no legal consequence”.

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The brief order stated that a “retrospective effect” could not be applied to the notification from November 15.
The ruling stated, “Therefore, the trial conducted in jail premises in a manner that cannot be termed as an open trial stand vitiated, as well as the proceedings with effect from August 29.”

Imran and his assistant Shah Mahmood Qureshi’s indictments in the case from October 23 therefore became void as well. Subsequently, the IHC mandated that the trial be held in public before the special court.

In yet another of Imran’s petitions concerning the jail trial, the IHC rejected the special court’s proceedings for a second time.

The trial was effectively closed on December 14 when the special court, which was established last year to hear cases under the Official Secrets Act (OSA), 1923, strictly prohibited media outlets from covering the proceedings of the cypher case in print, electronic, or digital forms.

In yet another of Imran’s petitions concerning the jail trial, the IHC rejected the special court’s proceedings for a second time.

The trial was effectively closed on December 14 when the special court, which was established last year to hear cases under the Official Secrets Act (OSA), 1923, strictly prohibited media outlets from covering the proceedings of the cypher case in print, electronic, or digital forms.