IHC grants relief to Imran Khan in cipher case

Islamabad High Court (IHC) issued a stay order on Tuesday against the jail trial of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the cipher case.

The decision was announced by a two-member bench, including Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, during the hearing of Imran Khan’s intra-court appeal against the trial in Adiala jail.

This development follows the approval by the caretaker federal cabinet on Monday for the jail trial of the former prime minister and PTI Vice Chairman Shah Mahmood Qureshi in the same case.

The cabinet granted its approval based on the Ministry of Law’s summary, citing security concerns for holding the trial in Adiala jail. Attorney General Mansoor Awan presented his arguments before the court during today’s hearing.

“The federal cabinet approved the jail trial of Imran Khan,” said the attorney general. He added that the notification will also be presented before the court. 

At this, Justice Aurangzeb said that they would check the notification. “All trials will be held in open court, so this trial will be an extraordinary one,” he remarked. 

“If this will be a jail trial then it would be an extraordinary one,” said the judge. 

The attorney general said that this was not an extraordinary trial but just a jail trial. 

The IHC then adjourned the hearing on the intra-court appeal against jail trial till November 16.

The deposed prime minister — who was ousted from office following a no-confidence motion in April last year — had moved IHC against the jail trial which was rejected by the court’s single bench on October 16.

IHC Chief Justice Aamer Farooq’s single-member bench announced no apparent malice behind conducting Khan’s jail trial in the cipher case. The court also directed him to approach the trial court if reservations persist.

Later, Khan filed an intra-court appeal against the single bench’s decision.

In August of this year, Khan and Qureshi were booked under the Official Secrets Act 1923 in the cipher case after the Federal Investigation Agency (FIA) invoked Section 5 of the said law.

The diplomatic cable reportedly went missing from Imran’s possession. According to the former ruling party, the cable contained a threat from the United States to topple the PTI’s government.

Khan and Qureshi have been indicted by the special court and are currently incarcerated in Adiala jail in the cipher case.