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IHC rejects PTI chairman’s petition against appointment of special court judge

By Awais Yousafzai
October 20, 2023
The Islamabad High Court building in Islamabad. The IHC website.
The Islamabad High Court building in Islamabad. The IHC website.

ISLAMABAD: The Islamabad High Court (IHC) on Thursday rejected the PTI chairman’s petition and upheld the appointment of Judge Abual Hasanat Muhammad Zulqarnain as the judge of a special court set up to try cases under the Official Secrets Act.

The court also issued instructions to the federal government to start work on establishing a jail in Islamabad soon.

IHC Chief Justice Aamir Farooq issued a written order on the petition against the appointment of special court judge in the cipher case. The PTI chairman had challenged the notification of the appointment of Judge Abual Hasnat Zulqarnain dated 27 June 2023, saying the Official Secrets Act had no legal basis in the appointment of a special court judge.

“It is not correct to say that there was misuse of powers while issuing the NOC. Under section 13, a court of magistrate or higher may be appointed under the Official Secrets Act. It is not contrary to Section 13 of the Official Secrets Act to entrust the ATC judge with the responsibility of the Special Court. “If the federal capital Islamabad had its own jail, many of the things mentioned in the petition would not have been done. The Ministry of Interior should start the prison project of federal capital Islamabad as soon as possible.”