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Tuesday, November 14, 2023

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IHC issues stay order against Imran Khan's jail trial in cipher case

 Stay order was issued by IHC while hearing PTI chief's intra-court appeal against trial in Adiala jail

Tuesday, November 14, 2023

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A decision announced during an internal court action against a prison trial.
A two-judge IHC bench hears Imran Khan's plea.
Attorney General says Cabinet has approved prison trial.


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


A two-judge bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz announced the decision while hearing the PTI chief's internal appeal against the Adiala jail trial.


The development comes after the interim federal cabinet on Monday approved the jail trial of former prime minister and PTI vice-chairman Shah Mahmood Qureshi in the case.


The Cabinet gave its nod to the Law Ministry's summary of the trial of the former prime minister and foreign minister in Adiala jail on security grounds.


During today's hearing, Attorney General Mansoor Awan presented his arguments before the court.


"The Federal Cabinet has approved the prison trial of Imran Khan," the Attorney General said. He added that the notice will also be submitted to the court.


To this, Justice Aurangzeb said that he would examine the notice. "All trials will be held in public, so this process will be extraordinary," he noted.

"If this is going to be a prison trial, then it would be extraordinary," the judge said.


The attorney general said this was not an extraordinary trial but only a prison trial, adding that he would seek records from all relevant agencies and submit them to the court.


In retrospect, all the three notifications are not in accordance with the relevant high court rules, the judge argued.


"When, under what circumstances and on what basis was it decided that there would be a prison trial?" Awan asked.


Khan's counsel Raja told the court that the five witnesses are still present in the jail to record their statements.


The judge noted that many questions needed to be answered, adding that the federal cabinet approved the prison trial two days ago.


"Why did the federal cabinet approve the prison trial?" he asked, while inquiring about the status of the court proceedings before the house clearance.


The judge noted during the hearing that the case of Indira Gandhi's assassination was going on in the jail, but journalists from the BBC and all other sources were allowed to report on it.


The IHC then adjourned the hearing on the in-house appeal against the prison trial until November 16.


The ousted prime minister - who was ousted after a no-confidence motion in April last year - filed an IHC against the jail trial, which was dismissed by a single bench on October 16.


A single-judge bench of IHC Chief Justice Aamer Farooq said there was no apparent malice behind conducting Khan's prison trial in the cipher case. The court also ordered him to approach the court of first instance in case of any remaining objections.


Later, Khan filed an internal appeal against the single bench decision.



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


A diplomatic cable is said to have gone missing from Imran's possessions. According to the former ruling party, the telegram contained a threat from the United States to topple the PTI government.


Khan and Qureshi were indicted by a special court and are currently lodged in Adiala jail in the cipher case.


What is encryption?

Controversy first emerged on 27 March 2022, when Imran Khan—less than a month before his ouster in April 2022—while addressing a public rally, waved a letter in front of the crowd, which he claimed was a cipher from a foreign nation that had conspired. with his political rivals to bring down the PTI government.


He did not reveal the contents of the letter or mention the name of the nation from which it came. But a few days later, he accused the United States of conspiring against him and claimed that Undersecretary of State for South and Central Asian Affairs Donald Lu had sought his removal.


The code was about a meeting between Pakistan's former ambassador to the US, Majeed, and Lu.


The former prime minister, who claimed to have read the contents of the cipher, said "all will be forgiven for Pakistan if Imran Khan is removed from power".


On 31 March, the National Security Committee (NSC) took up the matter and decided to issue a "strong demarche" to the US for its "blatant interference in Pakistan's internal affairs".


Later, after his dismissal, then Prime Minister Shehbaz Sharif convened a meeting of the NSC, which concluded that it found no evidence of a foreign conspiracy in the cable.


In two audio leaks that took the internet by storm and shocked the public after the events, former prime minister, then federal minister Asad Umar and then chief secretary Azam Khan were reportedly heard discussing the US cipher and how to use it. it is for their benefit.

On September 30, the federal cabinet took cognizance of the matter and set up a committee to investigate the content of the audio leaks.


In October, the cabinet gave the go-ahead to initiate action against the former prime minister and referred the case to the FIA.


Once tasked to investigate the matter, the FIA ​​summoned Imran, Asad Umar and other party officials, but the PTI chief contested the summons and secured a stay order from the court.


The Lahore High Court (LHC) in July this year lifted the suspension order on the FIA's appeal against Imran.

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