Imran Khan’s trial in cipher case halted till Jan 11: Embattled PTI gets relief from another high court

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) got another relief on Thursday when the Islamabad High Court (IHC) approved party founder Imran Khan’s petition to halt his trial in cipher case till January 11, 2024.

IHC’s Justice Miangul Hassan Aurangzeb issued the order on the PTI founder’s appeals wherein he challenged his indictment, proceedings and gag order in the cipher case by the special court, established under Official Secrets Act.

Earlier, during the hearing of the case, Justice Aurangzeb rejected PTI chief’s plea to grant a stay on the trial, stating that the court would first serve notices before issuing an order.

In this regard, the IHC issued notices to the federation and asked Khan’s lawyer Usman Gul to submit all necessary documents related to the cipher trial at the next hearing.

Highlighting the alleged irregularities in the cipher case, the PTI counsel contended in the court that a first information report (FIR) was lodged before the filing of a complaint.

The judge asked the PTI founder’s lawyer what the point of the petition was. “The point is that the legal procedure was not completed before the indictment,” said the lawyer, responding to the judge.

He said that a legally authorised official can file a complaint directly in court.

“You are saying that an authorised officer can file a complaint directly,” asked the judge.

The lawyer requested that the IHC direct the trial court to conduct the hearing of the case after five or six days. “The court can complete the trial in the meantime,” he added.

“How many witnesses’ statements have been completed so far?” the judge questioned.

The lawyer responded that statements of 25 witnesses had been recorded, while cross-examination of three had been done out of the total 27 witnesses.

The cipher trial is being conducted on a daily basis, the PTI counsel told the court.

Federal Investigation Agency (FIA) Prosecutor Raja Rizwan Abbasi received the notice in the courtroom.

Attorney General for Pakistan (AGP) Mansoor Usman Awan also appeared in the court and informed that the statements of 25 witnesses had been recorded in the cipher trial.

PTI lawyer Salman Akram Raja, who joined the hearing via video-link, said statements of many witnesses were recorded after the judgment of the court.

Judge Aurangzeb said: “I can’t ignore the court’s previous proceedings regarding the cipher case. I am concerned about the way the cipher trial is being conducted.”

The court acknowledged that the trial court judge conducted the hearing early because he was ordered to do so.

Expressing concerns over the in-camera trial, the IHC judge observed that the special court judge should have ordered conducting an open trial on every hearing of the case.

To which, the AGP told the court that the media was allowed to cover the trial proceedings.

“Was the cross-examination of witnesses carried out in the presence of the media,” Justice Aurangzeb asked.

The AGP said the statements of three witnesses were related to the secret code of the diplomatic cable, adding that the foreign secretary’s statement will also be recorded in-camera.

The judge observed that the cipher trial was being conducted in haste, and termed the trial the first of its kind.

“The importance of open hearings is not clear to the special court judge, nor to the prosecutors,” the court maintained.

The court added that it has to be seen whether the right to a fair trial under Article 10-A is granted in such cases or not.

“What facts were [presented] before the Supreme Court when bail was granted?” the IHC judge asked.

There were statements from 13 witnesses before the SC, the AGP responded. “The Supreme Court was looking into the bail matter,” he added.

“This clarifies [my statement],” Justice Aurangzeb said.

The apex court said that there is not enough material before them to deny bail, the IHC judge added.

Both Khan and his party’s Vice-Chairman Shah Mehmood Qureshi were granted post-arrest bail in the cipher case by the Supreme Court on December 22, 2023.

Earlier on December 13, the PTI founder and vice-chairman were indicted in the cipher case again by the special court after the IHC declared their jail trial null and void.

Both politicians pleaded not guilty to their involvement in the offence related to the alleged misuse of diplomatic cable for political purposes.

Meanwhile, Judicial Magistrate Rawalpindi Syed Jahangir Ali denied physical remand of former foreign minister Shah Mehmood Qureshi in the GHQ attack case, and sent him to Adiala Jail on 14-day judicial remand on Thursday.

The prosecution demanded a physical remand of the PTI vice chairman, which the court rejected and sent him to Adiala Jail. Police brought Qureshi to Judicial Complex Rawalpindi under tight security arrangements. His name was included in 12 more cases and the court sent him to jail on judicial remand in all cases.

According to the prosecutor, 12 cases were filed against Qureshi in Rawalpindi district on May 9. They include the GHQ, Army Museum attack, sensitive institution office attack and metro bus station burning cases, while he has been arrested in all 12 cases. The prosecutor requested the court to allow Qureshi to be interrogated in all cases together. The development comes a day after Qureshi was manhandled and re-arrested outside Adiala Jail in connection with an attack on the General Headquarters (GHQ) in Rawalpindi on May 9.

On Thursday, Qureshi was presented before the lower court. A video shared by the PTI on social media showed policemen escorting a handcuffed Qureshi. In another video, after the hearing concluded, Qureshi could be seen lifting his hands to pose for a victory sign as he was being taken away by the police. According to the PTI, he also shouted slogans in favour of Imran Khan.

As the hearing commenced, Qureshi said he wanted to record his statement before the court. He highlighted that three judges of the apex court had approved his bail against surety bonds. The PTI leader also highlighted that before he could obtain the ‘Robkar’ (release order), it emerged that orders had been issued to detain him under the MPO. “How am I a threat to the public? I have been in jail for several months,” Qureshi said. He added that he had been told in Adiala Jail that the MPO orders against him would be withdrawn but the date was later extended to Dec 27 instead of Dec 26. Qureshi said he had been detained from inside Adiala Jail illegally and highlighted that he had been a member of the Parliament five times.

Qureshi stated that he could inform the judge in private that “the most powerful” person in the system, had told him that he (Qureshi) had no role in May 9 violence. Qureshi requested the court bring to the fore his entire statement.

He further stated that police officials had kicked and ridiculed him, claiming that he wasn’t taken to a doctor despite chest pains. A team came to me saying that they wanted to record a statement on the May 9 violence. These people want to nominate me in cases related to May 9, he said. “I was in Karachi on May 9; my wife was undergoing surgery (that day).”

The PTI vice chairman also alleged that he was kept in a cold cell last night and wasn’t allowed to sleep. “I was tortured mentally and physically,” he alleged.

Meanwhile, the prosecutor sought a three-day physical remand of Qureshi. He argued that remand in terrorism cases could be taken for even 90 days, adding that he had reports from the Federal Investigation Agency (FIA) and Pakistan Electronic Media Regulatory Authority. “We found evidence against Qureshi in the reports,” he said, adding that evidence was also collected from social media and the same was presented in court.

Prosecutor Akram Amin contended that the PTI leader’s speech on May 9 was not ordinary. “We are not saying that Qureshi was among those who attacked GHQ; we are saying he made a speech that led to the GHQ attack,” he claimed. He added that during the remand, the police would investigate the effects of Qureshi’s speech and conduct photogrammetric tests. Subsequently, Amin sought the PTI leader’s custody.

On the other hand, Qureshi’s lawyer Ali Bukhari requested the court to discharge his client from the case. He also raised objections to bringing the PTI leader to court in handcuffs. “The prosecution just has a single tweet against my client in which he had urged the public to protest with the PTI chairman,” he said, adding that Qureshi was kept in “unlawful custody” for 24 hours. Bukhari further argued that the purpose of physical remand was to “torture” him. He said punishments could not be given in supplementary cases, pointing out that the police had not written Qureshi’s name on the charge sheet.

Separately, Accountability Court Judge Muhammad Bashir Thursday set January 4, 2024 as the date for indictment of former prime minister Imran Khan and his wife Bushra Bibi in the Toshakhana reference.

The reference pertains to the alleged misuse of gifts received from foreign dignitaries by the former leaders.

The court adjourned the hearing till January 4 and continued to hear arguments from NAB on their bail applications in the Toshakhana reference.

The court also adjourned the hearing on their bail applications in another reference related to £190 million worth of assets till December 30.