The Islamabad High Court has issued a stay order on the ongoing cipher case trial against former prime minister Imran Khan till January 11.
According to details, the high court was hearing a plea against the indictment of Imran Khan and PTI Vice Chairman Shah Mahmood Qureshi in the cipher case. The PTI had challenged the trial court's order of December 12 to indict Imran Khan and Shah Mahmood in the case.
Justice Miangul Hasan Aurangzeb issued the order for today's hearing.
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The court granted the request for an immediate stay order on the cipher trial and has stopped the proceedings of the case till January 11. The court issued a notice to the federal government in this regard and ordered that all necessary documents should be submitted at the next hearing.
Instead of the complaint, notices were also issued on the petition against action on the FIR.
Former prime minister Imran Khan and former foreign minister Shah Mahmood Qureshi were indicted in the cipher case on December 12. The proceedings in the cipher case against the two were held in Adiala Jail, Rawalpindi, under the Official Secrets Act.
Judge Abul Hasnat Zulqarnain read out the two-page charge sheet. The accused denied the charges, and the court summoned the prosecution’s evidence. The indictment was filed under three counts of the Official Secrets Act.
In-camera trial of cipher case
Meanwhile, the high court also heard an application against the in-camera proceedings of the cipher case. Barrister Salman Akram Raja appeared in court through a video link, as Justice Aurangzeb conducted the hearing.
The judge remarked that he had reservations over the way the proceedings were progressing, adding that the court has to review the questions raised at the trial being held behind closed doors.
Even with the presence of one or two people or families, this trial would be deemed in-camera, the judge added.
The attorney general for Pakistan told the court that statements of 12 witnesses were recorded after December 21 in the presence of the media. He further said the government was of the opinion that the statements of the three witnesses should not have been broadcast.
Justice Aurangzeb said that according to the previous hearing, if the trial was to be held in the jail, it would be open. “Now the situation has changed that the jail trial has been declared in-camera,” he added.
The judge further remarked that the safety of the state should not be compromised. He added that they have clarified what an open trial is, and anyone can appear in an open trial.
The media is allowed to attend the hearing, the AGP tells court.
“This is not how it is. There should be a formal order regarding this,” Justice Aurangzeb remarked.
Justice Aurangzeb asked if the interrogation was conducted in the presence of the media.
The AGP replied that the three people interrogated were related to the cipher’s coding and decoding. He added that the statement of the interior secretary regarding the cipher will also be in-camera.
Prosecutor Rizwan Abbasi said the plea against the in-camera trial of cipher case was not maintainable.
The AGP remarked that if the court wanted the cross-examination could be open. Moreover, details of how the cipher system works could not be made public, he added.
The court adjourned further hearing of the case till January 11.
