IHC grants stay order for in-camera cipher trial till Jan 11

The Islamabad High Court (IHC) on Thursday granted a stay order of in-camera trial of former prime minister Imran Khan and Shah Mahmood Qureshi in the cipher case till January 11 citing “legal errors”.

Earlier, the Special Court (Official Secrets Act) had begun the cipher trial afresh last week at the Adiala jail after Imran Kan and former foreign minister Shah Mehmood Qureshi were indicted for a second time in the case on Dec 13.

The PTI had challenged the trial court’s order of December 13 to indict Imran Khan and Shah Mahmood in the case.

The court granted the request for an immediate stay order on the cipher trial and has ceased the proceedings of the case till January 11. The court issued a notice to the federal government in this regard and ordered that all necessary documents should be submitted at the next hearing.

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In today’s hearing, Attorney General of Pakistan Mansoor Awan and Additional AGP Iqbal Duggal appeared in court along with FIA’s prosecution team, while PTI counsel Salman Akram Raja attended via video link.

Justice Miangul Hassan Aurangzeb of (IHC) stated that there are two questions before the court. The judge questioned the in-camera trial of cipher case despite IHC already instructed an open trial, adding that family members and the media were allowed to attend the hearing, but a petition has once again been filed stating that the proceedings have been declared in-camera.

Justice Aurangzeb said public should be allowed to attend the hearing.AGP Awan responded that just the recording of testimonies, not the entire trial, was being held in-camera.

The Attorney General of Pakistan Mansoor Awan elaborated his meaning of open trial by saying there was a procedure followed under which people in the court were told to leave when statements of witnesses were recorded. They were allowed to enter the court once the same was completed. He added that witnesses in the cipher case were divided into three categories.

Justice Aurangzeb said that from what Awan described “this doesn’t look like an open trial to me”. “You can’t tell people to come and go whenever you want to,” he asserted.

Justice Miangul Hassan Aurangzeb of (IHC) adjourned the hearing till Jan 11, issued an interim order and barred the special court from moving ahead in the case till the next hearing.