Cipher case: IHC CJ says fair trial requirements must be met

ISLAMABAD: The Islamabad High Court has issued a notice to the advocate general of Islamabad for recommending the names of government lawyers for the accused in the cipher case.

The lawyer for Pakistan Tehreek-e-Insaf founder Imran Khan said that the trial court completed the trial in haste by referring to the direction of the high court.

IHC Chief Justice Aamer Farooq remarked that it is necessary to complete all the requirements of fair trial under Article 10-A.

The court observed that there was no restriction on conducting trial proceedings on a day-to- day basis, but it should be done logically. The court observed that denial to right of cross-examination violates the right of the accused.

Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the appeals against the conviction of PTI founder Imran Khan and party leader Shah Mahmood Qureshi in the cipher case.

The appellants’ counsel Barrister Salman Safdar said that the interior secretary had filed a request for the registration of a case with the approval of the federal government and the complaint filed did not mention the names of the PTI founder or Qureshi. He said that all the cases that have filed against the PTI founder have been come out of the box and all other cases’ decisions like Toshakhana, cipher and illegal marriage came in the same manner.

The chief justice observed that this is neither a hardcore criminal case nor even a white-collar crime but it is a hybrid case of its own nature, which will lead to a new judicial precedent.

Barrister Salman Safdar said this was a case of crime against the state and this will be the last thing that he will say that one more chance be given to the trial court and he will argue the case on merit.

The court observed that the court will inquire what will be the status of the trial conducted in the evening and what was the haste as trial proceedings were being carried out at late night by 10pm and what the rush was.

Barrister Salman Safdar said that on January 24, four witnesses were cross-examined until the evening and on January 25, the PTI founder’s lawyer applied for adjournment due to illness and he did not appear next day due to toothache. He said that the trial court within the next day appointed counsel at state expense after asking names from the advocate general.

Justice Miangul Hassan inquired what the standing of the appointed lawyers was. He said for such purpose we have to hear the AG Islamabad.

Justice Miangul Hassan inquired why there was such a rush. Barrister Salman Safdar said, “I don’t know, but perhaps the judge had to meet a deadline.” He said that he was drawing the attention of this court even today that this is still happening in Adiala Jail, and now in another case the PTI founder is being tried in the same way.

Chief Justice Aamer Farooq remarked that that it is necessary to complete all the requirements of fair trial under Article 10-A. The court observed that denial to the right of cross-examination violates the right of the accused.

Barrister Salman Safdar said that the trial court judge wrote in paragraph 2 of his judgment that he decided quickly because of the high court direction; however, the Supreme Court had set aside the direction of the IHC regarding the completion of the trial within one month.

He said that the trial was conducted in haste without any direction from the high court. The chief justice said that there is no restriction that the trial cannot be conducted on a daily basis, but the trial should also be conducted on a daily basis logically. Further hearing on the appeals will be held on Wednesday.