IHC declares all proceedings in cypher case after Dec 14 invalid

The Pakistan Army aren't dumb. You don't rule a nation of 200+ million people for 3 quarters of a century and counting by being dumb.

And if I was Imran Khan, if ever I am released, I will abandon this meek population and jet out to the UK to live out the rest of my years with my children. Let them fend for themselves.

People in private are still supporting IK by and large. But that private support is useless if it can't be fairly reflected in elections or street power.

Bottom-line people of Pakistan have given up against the army, the status quo political parties of PML N, PPP and others. The ones who can't get out of the country are like this is how it is, this is our destiny while others are leaving in very large numbers. Approximately 1 million Pakistani's have left Pakistan in the last one year.
 
This sham of an arrest and detainment and silence from governments across the world.
Absolute joke.
 
The Pakistan Army aren't dumb. You don't rule a nation of 200+ million people for 3 quarters of a century and counting by being dumb.

And if I was Imran Khan, if ever I am released, I will abandon this meek population and jet out to the UK to live out the rest of my years with my children. Let them fend for themselves.

a bit late to “jet out to the UK”.

He chose Pakistan over his wife and kids.

He chose living in a 3rd world crap hole over living a luxurious life in the west or even the Middle East. And, I know he has a nice property in Islamabad but it’s still not better than what a middle class family lives in even in Southall.

He was almost shot dead twice.

He was abducted by the state in the courts premises.

People around him are being killed, kidnapped and forced to leave his party.

Being kept in jail is probably not even half as bad as what he’s already been through.

There’s no way he’s going to leave Pakistan. He’ll be released, but kept in house arrest presumably.
 
The Islamabad High Court (IHC) on Monday reserved its verdict on PTI Chairman Imran Khan’s petition seeking bail in the cipher case.

The cipher case pertains to a diplomatic document that reportedly went missing from Imran’s possession. The PTI alleges that the document contained a threat from the United States to oust Imran from office.

Today, the IHC resumed hearing arguments on the PTI chief’s plea seeking bail in the case. During the proceedings, Special Prosecutor Raja Rizwan Abbasi presented his arguments.

At the outset, he said the federal government had approved the filing of the complaint against Imran through the interior secretary.

According to Abbasi, there were two categories of cases in the Official Secrets Act: one that included punishment for or less than 10 years (bailable) and the other that had a prison sentence that exceeded 10 years (non-bailable). He said Imran was charged under the latter category.

Here, IHC Chief Justice Aamer Farooq asked if information in the cipher could not be communicated further. “In one category you can, but not in the other,” the prosecutor replied.

“This cipher was top secret and hence could not be shared,” he contended, claiming that the petitioner’s lawyer did not provide the correct interpretation or definition of Section 5 of the Official Secrets Act — which talks about “wrongful communication of information”.

“The PTI chairman disclosed the information in the cipher to the public when he was not authorised to do so,” Abbasi said.

Meanwhile, the IHC CJ asked if there were any rules of practice or SOPs pertaining to a cipher.

“The document has two categories of which one can be communicated while the other cannot be disclosed,” the prosecutor replied. “This cipher falls under the second category.”

He added that as the prime minister, Imran was not exempted from Article 248 (Protection for president, minister or governor) of the Constitution. “In the cipher case, the PTI chief can either be sentenced to life imprisonment or death,” Abbasi said.

He then listed the former officials whose statements were on record, adding that Azam Khan — principal secretary to Imran during his premiership — was a witness in the case. Abbasi went on to say that his primary witnesses in the case were Azam, Asad Majeed and Sohail Mehmood.

Meanwhile, Justice Farooq said he wanted to understand the chain through which a cipher is sent and received, to which Abbasi said the chain was written in the statements.

“It is evident in the witnesses’ statement that this was a secret classified document and such documents are not circulated,” the prosecutor argued and then gave examples of similar cases from neighbouring India.

“The challan has been submitted … what will you do keeping Imran under arrest?” the IHC CJ asked.

However, Abbasi contended: “Surely someone will benefit if Pakistan’s relations with superpower America are being affected by someone’s statement.”

He added that cipher was a document that couldn’t even be shared with friends or family.



 
Cipher case: Explosive statements of witnesses will add to Imran woes
Statements of the witnesses recorded by the FIA totally disapproved Imran Khan’s view that it was a regime change conspiracy against his government

ISLAMABAD: Statements of high-profile prosecution witnesses in the cipher case make it a much graver alleged criminality against Imran Khan mainly on three counts: a) using the secret communication for his political gains; b) harming Pakistan’s relations with the US; and c) misplacing or not returning the document.

Statements of the witnesses recorded by the FIA totally disapproved Imran Khan’s view that it was a regime change conspiracy against his government. They endorsed that the PTI chairman gave his choice meanings to the cipher to use it for his political gains and to defeat the no-confidence trust against his government.

It only goes on to show how the politicisation of the cipher issue hurt Pakistan’s relations with the US and benefited some other countries, highlighting the sensitivities involved in connection with the handling of cipher.

Official documents available with The News show that in view of the seriousness of the case, a complaint in the cipher case was filed by the-then secretary interior Yousaf Naseem Khokhar while the prosecution witnesses include Azam Khan, former secretary to the ex-PM Imran Khan, former foreign secretary Sohail Mehmood, former ambassador to US Asad Majeed Khan, the-then additional secretary (America) and presently Pakistan’s ambassador to the UAE Faisal Niaz Tirmizi, the then director general, Ministry of Foreign Affairs Noman Basher Bhatti, Joint Secretary PM’s Office Shoaib Sarwar, Joint Secretary PM’s Office, Haseeb Gohar, Deputy Secretary PM’s Office, Deputy Secretary Cabinet Division, Director Secret Section Political, Foreign Ministry, Deputy Director, Ministry of Foreign Affairs, and several others.

The interior secretary said he was duly authorised by the government to file a complaint with the FIA in the cipher case under Official Secrets Act 1923.

 
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ISLAMABAD:

Special Court of Official Secrets Act Judge Abual Hasnat Zulqarnain has issued a notice seeking arguments on PTI Chairman Imran Khan’s request for the provision of a bicycle for exercise in prison.

Lawyer Sheraz Ahmad Ranjha filed a petition for the provision of a bicycle to the PTI chairman, taking a stand that the former premier needed a bicycle for exercise in Adiala Jail and he was entitled to it under the jail SOPs.

The court issued a notice on the request, adjourning the hearing till Oct 23.
 
Emotional exchange as Imran speaks to his sons from Adiala Jail
WhatsApp call lasts for 30 minutes as ex-PM consoles his sons who became overwhelmed with emotions

Former prime minister Imran Khan was finally able to call his sons, Kasim and Sulaiman, from Rawalpindi's Adiala Jail on Saturday.

The WhatsApp conversation lasted for 30 minutes.

According to sources, the jail superintendent arranged the call between 4:30pm and 5pm. During the interaction, Imran's sons, who live in the United Kingdom with their mother, became emotional. However, the former prime minister remained composed and consoled them while wearing a smile.

On Oct 18, a special court that is holding the trial of the former prime minister under the Official Secrets Act, 1923 for allegedly misusing a diplomatic cipher, ordered the authorities for the second time to allow Imran to have a telephonic conversation with his sons.

Special Court Judge Abual Hasnat Muhammad Zulqarnain issued this order while hearing an application filed by the former premier through his counsel, Shiraz Ahmed Ranjha.

Imran is currently detained at Rawalpindi's Adiala Jail. He was previously incarcerated at Attock Jail after his conviction in the gifts repository case on Aug 5.

The Attock Jail superintendent had refused to comply with the same court's order to allow Imran to talk to his sons.

The official had argued that the PTI chief was charged under the Official Secrets Act, and those charged under this law are not allowed to make phone calls, according to the jail manual.

On Wednesday, the court remarked that the Adiala Jail superintendent had not sent the standard operating procedures (SOPs) for arranging a telephonic conversation between an accused and his relatives.

"Let's discuss the matter once the SOPs are received.”

Imran's counsel, however, raised an objection to this delay in providing the SOPs.

Subsequently, Judge Zulqarnain ordered the jail superintendent to facilitate a telephone conversation between Imran and his sons via WhatsApp.

On May 9, the former prime minister was arrested from inside the high court in Islamabad by the National Accountability Bureau on the charges of corruption in connection with the Al-Qadir Trust, which he owns.
Since then, he was incarcerated at Attock District Jail and recently shifted to Adiala Jail.

Imran claims that he has been jailed in forged cases, vowing to come clean in all of them.

 
Emotional exchange as Imran speaks to his sons from Adiala Jail
WhatsApp call lasts for 30 minutes as ex-PM consoles his sons who became overwhelmed with emotions

Former prime minister Imran Khan was finally able to call his sons, Kasim and Sulaiman, from Rawalpindi's Adiala Jail on Saturday.

The WhatsApp conversation lasted for 30 minutes.

According to sources, the jail superintendent arranged the call between 4:30pm and 5pm. During the interaction, Imran's sons, who live in the United Kingdom with their mother, became emotional. However, the former prime minister remained composed and consoled them while wearing a smile.

On Oct 18, a special court that is holding the trial of the former prime minister under the Official Secrets Act, 1923 for allegedly misusing a diplomatic cipher, ordered the authorities for the second time to allow Imran to have a telephonic conversation with his sons.

Special Court Judge Abual Hasnat Muhammad Zulqarnain issued this order while hearing an application filed by the former premier through his counsel, Shiraz Ahmed Ranjha.

Imran is currently detained at Rawalpindi's Adiala Jail. He was previously incarcerated at Attock Jail after his conviction in the gifts repository case on Aug 5.

The Attock Jail superintendent had refused to comply with the same court's order to allow Imran to talk to his sons.

The official had argued that the PTI chief was charged under the Official Secrets Act, and those charged under this law are not allowed to make phone calls, according to the jail manual.

On Wednesday, the court remarked that the Adiala Jail superintendent had not sent the standard operating procedures (SOPs) for arranging a telephonic conversation between an accused and his relatives.

"Let's discuss the matter once the SOPs are received.”

Imran's counsel, however, raised an objection to this delay in providing the SOPs.

Subsequently, Judge Zulqarnain ordered the jail superintendent to facilitate a telephone conversation between Imran and his sons via WhatsApp.

On May 9, the former prime minister was arrested from inside the high court in Islamabad by the National Accountability Bureau on the charges of corruption in connection with the Al-Qadir Trust, which he owns.
Since then, he was incarcerated at Attock District Jail and recently shifted to Adiala Jail.

Imran claims that he has been jailed in forged cases, vowing to come clean in all of them.

Another non case. The PK state in life support with these pathetic antics.
 
Imran Khan, Shah Mahmood Qureshi indicted in cipher case

A special court established under the Official Secrets Act on Monday indicted former prime minister Imran Khan and ex-foreign minister Shah Mahmood Qureshi in the cipher case.

The cipher case pertains to a diplomatic document that reportedly went missing from Imran’s possession. The PTI alleges that the document contained a threat from the United States to oust Imran from office.

The PTI chief was convicted and sentenced to three years in prison in the Toshakhana graft case on August 5. The IHC had suspended his sentence on Augusy 29 but he remained in jail because he was on judicial remand in the cipher case.

On September 30, the Federal Investigation Agency (FIA) had submitted a challan — a charge sheet — in the special court naming Qureshi as the principal accused in the cipher case.

The court had decided that the two PTI leaders would be indicted in the case on October 17. However, last week the court had put off the indictment till today’s hearing.

Today, Special Court Judge Abual Hasnat Zulqarnain conducted the hearing at Rawalpindi’s Adiala Jail. The court formally commenced the trial in the case and summoned the witnesses at the next hearing on Oct 27.

Speaking to the media outside Adiala, FIA Special Prosecutor Shah Khawar said, “Because today’s hearing was meant for indicting, the indictment was read out in open court.”

He said that the two PTI leaders were present during the announcement of the indictment, adding that further proceedings had been put off till Oct 27 when the witnesses would be produced.

Meanwhile, the PTI chairman’s lawyer, Advocate Umair Niazi, told the media that his client had denied the crime. He said the court’s order would be challenged in the high court.

He said that Imran had questioned the charges against him. The lawyer quoted the PTI chairman as saying that a conspiracy was hatched against him, his government was toppled and there were no minutes of the meeting in question.

He said that Imran was already aware of the “London plan”, the aim of which was to “bulldoze” the PTI. “Nawaz Sharif plays by colluding with the umpire. He cannot contest elections until he has an umpire of his choice,” the lawyer said.

The lawyer said that according to Imran, “If a big thief is to be released, then the accused in Adiala jail should also be released”.

Speaking to reporters, Advocate Usman Riaz Gul, also a member of Imran’s legal team, said they informed the court that even though the indictment date was fixed, the suspects could not be indicted until the complete statement of witnesses and case memo were received.

He added that the court rejected the defendants’ objections and indicted Imran and Qureshi.

“PTI chairman and Qureshi had stated that they could not respond to the charges until all the documents related to the case were received,” the lawyer said.

The lawyer further said the PTI chairman’s request for a bicycle for exercise in Adiala Jail was approved.

“Special Court Judge Abul Hasnat Zulqarnain directed the jail administration to provide bicycles in the jail,” he added.


 
Producing Imran before ECP risky: interior ministry
Separately, ECP orders immediate release of staff officer to PM, Waqar Ali that he be appointed DC Sheikhupura

ISLAMABAD: The Ministry of Interior has informed the Election Commission of Pakistan on the eve of the hearing of the contempt cases against jailed PTI Chairman Imran Khan that producing him before the ECP bench is a ‘security risk’.

A source at the Election Commission claimed that the Ministry of Interior as well as the Islamabad Capital Territory Police formally informed the electoral body with reference to the ‘risks’, involved if the PTI chairman is produced before the commission bench on October 24. “They have informed the commission and explained that it will be risky to ensure the PTI chairman’s presence for the hearing of the ECP bench,” the official explained.

The Election Commission on Thursday last issued production orders for producing PTI Chairman and ex-premier in cases of contempt of the commission, as a charge sheet was to be issued against him. A four-member bench, headed by ECP Member Sindh Nisar Ahmad Durrani, had released two separate but almost identical orders for Imran Khan and Fawad Chaudhry, a former senior member of the PTI. Both are to be indicted on October 24. However, in the case of Fawad Chaudhary, the commission also issued bailable warrants of arrest and directed the relevant IGP to serve them.

Meanwhile, the Election Commission reserved its verdict on a fresh application filed by the Istehkam-e-Pakistan Party, seeking allotment of ‘eagle’ as the electoral symbol. A three-member bench headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja heard the case, while the petitioner’s lawyer requested the desired election symbol. The Chief Election Commissioner asked about their symbol preferences other than ‘eagle’, however, the lawyer insisted that they might be allotted the same. Later, the Election Commission reserved its decision. The newly-formed Istehkam-e-Pakistan Party had applied for the symbol a few days back, after the Election Commission had cancelled the ‘registration’ of the All Pakistan Muslim League and ruled that its election symbol ‘Eagle’ was now available.

 
The Islamabad High Court has rejected Chairman PTI's request to stop the trial of the cipher case, Justice Mian Gul Hasan Aurangzeb has remarked that we cannot give you any interim relief now.

According to the details, a hearing was held in the Islamabad High Court on Chairman PTI's request to stop the trial of Cypher Case, Justice Mian Hasan Aurangzeb and Justice Tamman Rifat heard the request with objection.

Advocate Salman Akram Raja argued that the petitioner has challenged the notification of September 29, what reasons have been given by the Ministry of Home Affairs, it was an administrative order, which is also confusing and the concerned authority is the Commissioner and not the Ministry of Law.

The lawyer further said that the notification of jail trial was issued by the federal government itself, it was an administrative notification, the competent commissioner of which was Islamabad and not the federal government.

On which the single bench declared that the federal government has the power to appoint judges of its choice, Salman Akram Raja said that these are judicial officers and the federal government has no power to "pick and choose".

Justice Mian Gul Hasan Aurangzeb remarked that in this way the executive would interfere with the powers of the judiciary. We are currently clearing registrar office objections to your application.

The court rejected the plea of Chairman PTI's lawyer to stop the trial in the cipher case, Justice Mian Gul Hasan Aurangzeb remarked that a new bench may be constituted when the file goes to the Chief Justice for marking after the objections are over. , we cannot give you any interim relief right now. Whether this application is admissible or not will be decided later, no person can violate the rules.

Source: ARY
 
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If Imran’s safety not guaranteed, how can polls be secured: ECP

ISLAMABAD: The Election Commission of Pakistan (ECP) on Tuesday summoned the interior secretary to appear in person on Nov 13 to explain why PTI chief Imran Khan could not be produced for a contempt hearing.

The development came as a four-member ECP bench, led by Sindh member Nisar Ahmed Durrani, conducted a hearing on the matter of contempt of ECP and the chief election commissioner against Mr Khan and two former PTI officials, Fawad Chaudhry and Asad Umar.

While Mr Chaudhry and Mr Umar were present, Mr Khan could not be brought from Adiala Jail to the proceedings — something PTI lawyer Shoaib Shaheen described as the “real insult” to the Election Commission.

The assistant inspector general of police (operations) presented a report suggesting potential risks associated with transporting Mr Khan from the densely populated area of Rawalpindi. The report said the PTI chairman had himself said there were threats to his life. At this, Mr Durrani, the ECP’s member from Sindh, asked the AIG about the credibility of Mr Khan’s claims.

When the interior ministry said the ECP should hold the hearing at Adiala Jail, the bench raised concerns over the ministry’s capabilities, asking that if it couldn’t ensure the security of one individual, “how will the upcoming elections be conducted?”

“How can the ministry order the commission? The interior secretary should appear himself,” the ECP observed and adjourned the hearing until Nov 13.

This decision follows the ECP’s recently issued production orders for the jailed PTI chairman in contempt cases.

In the Oct 11 hearing, Advocate Shoaib Shaheen told the commission that Mr Khan was in jail and couldn’t attend the proceedings unless a production order was issued.

On Oct 19, a written order shared with the media emphasised the need for a swift verdict in the case lingering since August last year.

“It is a matter of record that the matter was pending adjudication since August 2022 and has to be decided without any further delay,” the order said.

“Since the respondent is in jail and his personal appearance is mandatory to proceed further with the matter. In such view of the matter, there is no alternate except to issue production order of respondent namely Imran Ahmed Khan Niazi,” it said.

 
Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Wednesday challenged the special court’s October 23 indictment order in cipher case in IHC, ARY News reported.

The former prime minister through his counsel, Salman Safdar, has requested the court to declare the special court’s indictment proceedings in the cipher case null and void.

In his plea, the former prime minister stated that as per the law, charges can only be framed seven days after the distribution of the case copy. “The trial court overlooked constitutional requirement and indicted in haste,” it alleged.

The petitioner further maintained that a hasty trial may adversely affect fundamental constitutional rights and the due process of law. “Apex court did not provide directives to expedite the proceedings or to conduct the trial on a day-to-day basis,” the petitioner claimed.

Source: ARY
 
IHC rejects Imran’s plea against indictment in cipher case

The Islamabad High Court (IHC) on Thursday rejected PTI Chairman Imran Khan’s petition challenging his indictment in the cipher case.

IHC Chief Justice Aamer Farooq disposed of the former premier’s plea but directed that Imran be provided a “fair trial”.

The cipher case pertains to a diplomatic document that the charge sheet claims was never returned by Imran. The PTI alleges that the document contained a threat from the United States to oust Imran from office.

The PTI chief was convicted and sentenced to three years in prison in the Toshakhana graft case on Aug 5. The IHC suspended his sentence on August 29 but he remained in jail because he was on judicial remand in the cipher case.

On Sept 30, the Federal Investigation Agency (FIA) had submitted a challan — a charge sheet — in a special court established under the Official Secrets Act naming PTI leader Shah Mahmood Qureshi and Imran as the principal accused in the case.

On Monday, both the PTI leaders were indicted in the case. According to sources, the two PTI leaders pleaded not guilty and subsequently, the judge summoned the witnesses on Oct 27 and asked the prosecution to place evidence to substantiate the allegations.

Subsequently, Imran petitioned the IHC against his indictment, saying that the judgment was passed in “sheer haste”. It also urged the court to declare the exercise of framing of charges to be “illegal, unlawful and against the settled principles of the Code of Criminal Procedure”.

The petition was taken up by the IHC CJ today.

At the outset of the hearing, PTI lawyer Salman Safdar said that it took him 10 days to complete his arguments on another petition filed by Imran seeking bail in the said case.

Justice Farooq remarked that he was also taking time in announcing the verdict because such a matter had emerged for the first time and arguments by both sides were presented properly.

Safdar then stated that the copies of the cipher case challan had been distributed in the court. “They clearly show that he [Imran] was indicted within a few days,” he said.

“The entire case revolves around this document but the cipher is neither part of the challan nor the case file,” he contended, adding that his client wanted to record statements of three witnesses tomorrow.

“Please grant us some relief,” the lawyer requested.

He further highlighted that three things were ignored in the case. “The arrest was secret, the remand was secret and charges were framed on the sixth day,” Safdar added.

After hearing the lawyer’s arguments, the court reserved its verdict on Imran’s petition.

 
PTI chairman’s bail rejected in cipher case

ISLAMABAD: Islamabad High Court (IHC) on Friday rejected the bail plea of the Pakistan Tehreek-e-Insaf (PTI) chairman in the cipher case, ARY News reported.

After rejecting the plea to stop the trial of the cipher case, the IHC Chief Justice Aamer Farooq also rejected the bail plea of PTI Chief.

It is pertinent to mention here that the Islamabad High Court judge Aamer Farooq reserved its verdict on October 16, allowing ample time for both the prosecution and defense to present their arguments and evidence.

Meanwhile, the PTI Chief is currently in prison on judicial remand in the cipher case.

Cipher case
The first information report (FIR) was registered on August 15 under the Official Secrets Act. It was registered on the complaint of the Home Secretary.

Former prime minister Imran Khan and former foreign minister Shah Mehmood Qureshi were nominated in the report, while names of former principal secretary Azam Khan and former planning minister Asad Umar were also mentioned.

The FIR stated that the former prime minister and foreign minister distorted the facts of the diplomatic cipher. “A conspiracy was launched to misuse the contents of the cipher to fulfill nefarious purposes”, it added. It further stated that the former premier and top diplomat endangered the state interests.

ARY
 
More police teams interrogate Imran
Former premier declines to answer questions in absence of his lawyers

Police teams from Mianwali and Gujranwala on Saturday arrived at Rawalpindi’s Adiala Jail to interrogated former prime minister Imran Khan in connection with May 9 rioting incidents

Sources told The Express Tribune that a special team from Mianwali Police arrived at Adiala Jail on Saturday to quiz the PTI chairman with regard to his alleged role in planning and executing the incidents of vandalism that followed his arrest from a court premises on May 9.

Led by a superintendent police, the team comprised six inspectors. The PTI chairman, however, declined to respond to the queries of the police team and insisted on having his attorneys present during the interrogation process.

Before this, Gujranwala police had also interrogated the former prime minister in connection with the same case.

According to sources, in the past 24 hours, five teams—from Rawalpindi, Faisalabad, Kasur, Gujranwala and Mianwali—have reached Adiala Jail for their respective investigations into rioting.

Violent protests broke out across the country after the paramilitary Rangers whisked away Imran Khan from inside the Islamabad High Court in connection with a corruption case.

Protestors, allegedly PTI leaders, workers and sympathizers attacked state and military properties and installations across the country soon after the arrest.

Later, the state machinery started a massive crackdown against the PTI. As the crackdown intensified, the former ruling party started decimating like a house of cards with its key leaders and lawmakers addressing hurriedly called press conferences to dissociate themselves from the party and the incidents.

 
IHC issues notices to govt in Imran’s appeal against jail trial

ISLAMABAD: A division bench of the Islamabad High Court (IHC) on Thursday issued notices to the authorities concerned on the hearing of an appeal seeking trial of former prime minister Imran Khan in the cipher case in an open court.

The IHC division bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, was hearing the former prime minister’s intra-court appeal against a single-member bench’s decision that had approved Mr Khan’s jail trial and the appointment of the judge for the Special Court of the Official Secrets Act.

Initially, the division bench, comprising Justice Aurangzeb and Justice Babar Sattar, took up the appeal. However, Justice Sattar recused himself, saying his stance on the custody of the under-trial prisoner is different.

Chief Justice Aamer Farooq reconstituted the bench, including Justice Arbab Mohammad Tahir. But Justice Tahir also recused himself from the case for the same reason.

Subsequently, the matter was placed before the bench comprising Justice Aurangzeb and Justice Saman Rafat Imtiaz.

During the hearing, the bench perused the summary for the appointment of Judge Abual Hasnat Zulqarnain as judge of the Special Court of the Official Secrets Act.

The court was told that the federal cabinet on June 27, 2023 empowered Anti-Terrorism Court Judge Zulqarnain to hear the cases related to the Official Secrets Act.

Barrister Salman Akram Raja, the counsel for Mr Khan, argued that the appointment of the judge for the special court could have been made with prior consultation with the IHC chief justice but the existing appointment had been done by the federal government without consulting the chief justice.

Justice Aurangzeb remarked that the IHC registrar might be asked regarding the consultation.

Barrister Raja argued that, since this matter related to the central government, the consultation of the chief justice of Pakistan was also required.

He further argued that Mr Khan’s family and media are not allowed to witness the court proceedings which are being conducted in a tiny cell of Adiala jail.

He pointed out that the under-trial prisoner had certain rights that are not being observed in this case.

Justice Aurangzeb remarked that this is 2023, and this is an era of transparency and openness. He also questioned the consequences of the verdict in jail trial.

The court adjourned hearing till Nov 6.

Meanwhile, the Special Court (Official Secrets Act) allowed the application seeking transfer of former foreign minister Shah Mehmood Qureshi to hospital due to infection in the gallbladder.

 
IHC issues notices to govt in Imran’s appeal against jail trial

ISLAMABAD: A division bench of the Islamabad High Court (IHC) on Thursday issued notices to the authorities concerned on the hearing of an appeal seeking trial of former prime minister Imran Khan in the cipher case in an open court.

The IHC division bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, was hearing the former prime minister’s intra-court appeal against a single-member bench’s decision that had approved Mr Khan’s jail trial and the appointment of the judge for the Special Court of the Official Secrets Act.

Initially, the division bench, comprising Justice Aurangzeb and Justice Babar Sattar, took up the appeal. However, Justice Sattar recused himself, saying his stance on the custody of the under-trial prisoner is different.

Chief Justice Aamer Farooq reconstituted the bench, including Justice Arbab Mohammad Tahir. But Justice Tahir also recused himself from the case for the same reason.

Subsequently, the matter was placed before the bench comprising Justice Aurangzeb and Justice Saman Rafat Imtiaz.

During the hearing, the bench perused the summary for the appointment of Judge Abual Hasnat Zulqarnain as judge of the Special Court of the Official Secrets Act.

The court was told that the federal cabinet on June 27, 2023 empowered Anti-Terrorism Court Judge Zulqarnain to hear the cases related to the Official Secrets Act.

Barrister Salman Akram Raja, the counsel for Mr Khan, argued that the appointment of the judge for the special court could have been made with prior consultation with the IHC chief justice but the existing appointment had been done by the federal government without consulting the chief justice.

Justice Aurangzeb remarked that the IHC registrar might be asked regarding the consultation.

Barrister Raja argued that, since this matter related to the central government, the consultation of the chief justice of Pakistan was also required.

He further argued that Mr Khan’s family and media are not allowed to witness the court proceedings which are being conducted in a tiny cell of Adiala jail.

He pointed out that the under-trial prisoner had certain rights that are not being observed in this case.

Justice Aurangzeb remarked that this is 2023, and this is an era of transparency and openness. He also questioned the consequences of the verdict in jail trial.

The court adjourned hearing till Nov 6.

Meanwhile, the Special Court (Official Secrets Act) allowed the application seeking transfer of former foreign minister Shah Mehmood Qureshi to hospital due to infection in the gallbladder.

So the FIR doesnt have the cypher attached to it. Apparently a crime has been committed but there are no victims except America, who couldnt care less.
 
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Cipher case hearing in jail today

ISLAMABAD. The Special Court established under Official Secrets Act will hear Cipher case on Tuesday (today).

The list of the lawyers, who will appear on behalf of former prime minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, has been provided to the court. The list was filed by Suleman Safdar, counsel for the PTI chairman, through advocate Khalid Yousuf.

According to the list, eight lawyers — Suleman Safdar, Umair Khan Niazi, Sikandar Zulqarnain Salim, Khalid Yousuf, Ahmad Masar, Sohail Khan, Niazullah Niazi and Usman Riaz Gill — will appear before the court during the case hearings in jail. The lawyers have requested the court to direct jail authorities not to create any hindrance in regard to jail entry of the lawyers.

 
Three more to testify against Imran, Qureshi

RAWALPINDI: The special court recently formed to hear cases registered under the Official Secrets Act, 1923 on Friday (today) will record testimonies of three more witnesses against PTI Chairman Imran Khan and his fellow party leader Shah Mahmood Qureshi in the diplomatic cipher case in Rawalpindi’s Adiala Jail.

Judge Abual Hasnat Zulqarnain of the special court will hear the matter. Imran and Qureshi will appear before the court.
The defence lawyers will cross-examine the state witnesses.

There are a total of 28 official witnesses in the case. After the testimonies of three more witnesses are recorded, 22 will be left.

The cipher case pertains to a document waved by Imran, the then prime minister, at a public rally in March last year, terming it as evidence of a foreign conspiracy behind the no-confidence motion he faced at the time. The motion was carried a few weeks later, leading to the toppling of Imran's government.

Imran was accused of violating the prime minister's oath by revealing the cipher at the public rally and in the national and international media while Qureshi, who was the foreign minister at the time, was accused of assisting Imran in delivering a speech during the rally.

Both the PTI leaders were indicted in the case last month.

On Tuesday, the court recorded the statements of three witnesses who belonged to the foreign affairs ministry.

The in-camera hearing of the case took place at the special court set up in Adiala Jail. Imran and Qureshi were present in the courtroom during the proceedings.

Before the witnesses recorded their testimonies, the two PTI leaders were allowed to meet their lawyers.

After the hearing, PTI chairman’s lawyer Salman Safdar said the proceedings started in the morning and ended at around 4pm, adding that apparently there was pressure on the Federal Investigation Agency (FIA) to finish the case quickly.

He continued that the three official witnesses had arrived from the Foreign Office even though the plaintiff in the case was the interior ministry.

Safdar maintained that during cross-examination of the witnesses, the PTI’s legal team had not seen them “free”.

He added that the PTI had also filed an appeal in the Supreme Court for a post-arrest bail and against the indictment by the special court.

The lawyer said he had met with Imran twice on Tuesday, adding that the PTI’s legal team had received great assistance from Qureshi in understanding the matter.

He claimed that the government and political opponents were left with no option but the cipher case.

Safdar said the proceedings of the case were taking place under the Official Secrets Act, but they were nowhere near a secret.

“The witness responded to every question that it was a secret and they won’t say anything,” he continued.

Barrister Umair Niazi, Imran’s focal person on legal affairs, said the PTI chief had reiterated that PML-N supremo Nawaz Sharif could never play without his “umpires” and he was looking at them again.
 

Imran, Qureshi's families permitted to attend cypher trial​

ISLAMABAD: The special court granted permission on Friday to five members each of ousted premier Imran Khan and former federal minister Shah Mahmood Qureshi's families to attend cypher case proceedings, which are being held in-camera in Adiala Jail.

Pakistan Tehreek-e-Insaf chairperson Imran's family members are expected to attend the next hearing while Qureshi's wife and daughter were present for the proceedings today (Friday).

The Federal Investigation Agency produced three witnesses before the court today. However, due to the absence of senior defence lawyer Salman Safdar the case could not proceed.

The next hearing is slated for November 14, at 9:00am. The court directed all three witnesses to appear before it at the next hearing.

Meanwhile, the court directed the superintendent of Adiala jail to permit the PTI chief to speak to his sons once a week.

Speaking to the media following the hearing, prosecutor Shah Khawar said the hearing was adjourned till November 14 due to the absence of the defence lawyer.

The accused had previously raised objections on the room where the hearing was being held, he said. Today the hearing was held in the prison’s community hall, he added.

Both accused will be permitted to have five members from their respective families during hearings, he said.

Regarding the presence of media persons in the courtroom, he said the media should appeal to the court itself. This a prison trial, all proceedings will be conducted according to the jail manual, said the prosecutor.

Meanwhile, prosecutor Zulfiqar Abbas Naqvi told media persons that the defence lawyer could not appear due to smog.

He said three witness statements will be recorded at the next hearing. There are a total of 28 witnesses and statements of 26 are expected to be recorded, he added.

He further said that the accused expressed confidence at today's hearing.

Source: The Express Tribune
 
Cipher case hearing today

RAWALPINDI: A special court set up under the Official Secrets Act will hear the cipher case against Pakistan Tehreek-e-Insaf Chairman Imran Khan on Tuesday (today) at the Adiala Jail.

Judge Abual Hasnat Zulqarnain will also hear the petition regarding the WhatsApp call of Imran with his sons for which a notice has been issued to the jail superintendent.

In the cipher case, the lawyers are scheduled to cross-examine the prosecution witnesses.

The PTI chairman’s wife, Bushra Bibi, Aleema Khan, Uzma Khan and his nephew, while the accused Shah Mahmood Qureshi's two daughters, wife, and son will also hear the proceedings.

Imran and Qureshi will also be presented in the new court. The jail’s community hall has been declared a regular court.

 
The Islamabad High Court (IHC) on Tuesday issued a stay order against the jail trial of the Pakistan Tehreek-e-Insaf (PTI) chairman in the cipher case till November 16, ARY News reported.

A two-member bench of Justice Mian Gul Hassan Aurangzeb and Justice Saman Raffat announced the decision on the former prime minister’s plea.

The PTI chairman was represented by Salman Akram Raja while the Deputy Attorney General Arshad Kiani appeared on behalf of the government.

Justice Aurangzeb remarked that the notifications issued by the federal government for the jail trial seemed to be prima facie against high court rules. He also said that many questions needed to be answered about the trial.

The judge also remarked that while IHC’s chief justice had been consulted, the special court was created through an executive order.

The attorney general told the court that the federal cabinet had approved the jail trial in the cipher case and the notification would be presented in court.

The IHC judge also remarked that the federal cabinet had only approved the jail trial two days ago which raised questions over the status of the trial that had already taken place.

The judge also asked under what conditions had the decision for jail trial been taken.

Later, the IHC issued a stay order against the jail trial of the cipher case till November 16.

Source: ARY
 

Cypher trial against Imran, Qureshi to be concluded in a month: IHC​

The Islamabad High Court (IHC) issued a directive on Wednesday for a transparent trial to be concluded within four weeks in the diplomat cypher case involving former prime minister Imran Khan, former foreign minister Shah Mehmood Qureshi, and others.

In a written order, Chief Justice Aamer Farooq instructed the superintendent of Adiala Jail to ensure the dignity of the accused is upheld during this period. The court firmly rejected Qureshi’s plea to halt the indictment proceedings against him.

The ruling clarified that the trial within the jail premises does not imply an in-camera trial but rather an open one, with a commitment to maintaining the respect and dignity of the accused.

The court directed the jail authorities and the government to ensure the maximum participation of the public while also guaranteeing the security of the accused.

The court emphasised that Imran Khan, as the leader of a major political party, is undergoing a jail trial due to security concerns, and his family has previously voiced apprehensions about security.

The written judgement highlighted that conducting every hearing from the jail to the court may pose security risks for PTI Chairman Imran Khan. However, the proceedings cannot be deemed null and void solely on the basis of being held in a different location unless a failure in the provision of justice is evident.

Earlier in the day, the IHC had rejected a bail application in the cypher case by Qureshi. Justice Aamer Farooq, who presided over the bail plea, had previously reserved the verdict.

On Tuesday, the IHC had suspended the in-prison trial of Imran and Qureshi in the case by a special court established under the Official Secrets Act (OSA).

A two-member bench, consisting of Justice Miangul Hasan Aurangzeb and Justice Suman Rifat Imtiaz, also summoned the complete record of the jail trial within two days. The court stated that allowing only a few family members to attend the hearing did not classify it as an open court hearing.

Source: The Express Tribune
 
All these cases must be solved a few weeks before the election so PTI can run a decent campaign for the upcoming general elections.
 

IHC extends stay on jail trial of Imran Khan in cipher case till Nov 20​

The Islamabad High Court (IHC) has extended its stay on the jail trial of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the cipher case till November 20.

A two-judge bench of the high court, comprising Justice Miangul Hasan Aurangzeb and Justice Saman Rifat Imtiaz, heard an intra-court appeal of Imran Khan against the jail trial in the cipher case and appointment of the Official Secrets Act judge in the case.

During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan appeared in court, while the PTI chief was represented by Salman Akram Raja.

The AGP said he would first assist the court on the maintainability of the appeal. He referred to the decision of the Islamabad High Court chief justice on the bail application of PTI Vice Chairman Shah Mahmood Qureshi and read it out.

AGP Awan said that the single bench has written that the jail trial should also be an open trial, on which Justice Aurangzeb remarked that an open trial means an open trial, which is open to everyone. The single bench wrote that the earlier trial would not be nullified.

He further said that the single bench had clarified that the jail trial was an open trial. At this, the court asked if the two notifications issued about the jail trial were in accordance with the law.

Justice Aurangzeb remarked that an open trial means that it will be open to everyone.

The AGP said the notification of the jail trial was issued in view of the death threats to Imran Khan. The first notification was issued when he was in the Attock Jail, then the investigation report of the cipher case was submitted on October 2, and the suspects were indicted on October 23.

He further said that the Official Secrets Act court judge wrote a letter to the Law Ministry for a jail trial. The investigation report had been submitted by then, but the trial had not started. After the report was submitted, the special court judge wrote another letter. The jail trial was notified due to security concerns for the former prime minister.

Source: SAMAA
 

IHC extends stay on jail trial of Imran Khan in cipher case till Nov 20​

The Islamabad High Court (IHC) has extended its stay on the jail trial of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan in the cipher case till November 20.

A two-judge bench of the high court, comprising Justice Miangul Hasan Aurangzeb and Justice Saman Rifat Imtiaz, heard an intra-court appeal of Imran Khan against the jail trial in the cipher case and appointment of the Official Secrets Act judge in the case.

During the hearing, Attorney General for Pakistan (AGP) Mansoor Usman Awan appeared in court, while the PTI chief was represented by Salman Akram Raja.

The AGP said he would first assist the court on the maintainability of the appeal. He referred to the decision of the Islamabad High Court chief justice on the bail application of PTI Vice Chairman Shah Mahmood Qureshi and read it out.

AGP Awan said that the single bench has written that the jail trial should also be an open trial, on which Justice Aurangzeb remarked that an open trial means an open trial, which is open to everyone. The single bench wrote that the earlier trial would not be nullified.

He further said that the single bench had clarified that the jail trial was an open trial. At this, the court asked if the two notifications issued about the jail trial were in accordance with the law.

Justice Aurangzeb remarked that an open trial means that it will be open to everyone.

The AGP said the notification of the jail trial was issued in view of the death threats to Imran Khan. The first notification was issued when he was in the Attock Jail, then the investigation report of the cipher case was submitted on October 2, and the suspects were indicted on October 23.

He further said that the Official Secrets Act court judge wrote a letter to the Law Ministry for a jail trial. The investigation report had been submitted by then, but the trial had not started. After the report was submitted, the special court judge wrote another letter. The jail trial was notified due to security concerns for the former prime minister.

Source: SAMAA
The facade of trial against an innocent man, a patriotic man, our greatest Sportsman, our greatest PM, or greatest Philanthropist will haunt NS, Bajwa,Munir and their henchman forever. I hope its not forgotten and Nani, and Junaid and all the family along with the Generals and the ISI officers will pay also pay the ultimate price. IK may pay with his life or are at least his liberty for this facade but their whole families should pay. We were accused of saying that there was a grand conspiracy against IK but the last 2 years have shown that we underestimated, rather than over played it. Look at the conduct of Farooq and Isa. Isa can look into the dharnas from 10 years ago, but not Junta rule today. The beghairat has shown up to be the crook we expected.
 

Cypher case: IHC approves Imran’s appeal, nullifies Aug 29 notification on jail trial​

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday announced its verdict on an intra-court appeal filed by Pakistan Tehreek-e-Insaf Chairman Imran Khan pertaining to his jail trial in the cypher case, nullifying the notification issued on August 29.

A division bench of the IHC comprising Justice Mian Gul Hassan Aurangzeb and Justice Suman Rifat Imtiaz announced the decision which was reserved earlier in the day.

“There is no provision in the Code of Criminal Procedure, 1898, which compels a Magistrate to hold his Court in a usual Court Room. In exceptional circumstances and where it is conducive to justice, a trial can be conducted in jail in a manner that fulfills the requirements of an open trial or a trial in-camera provided it is in accordance with the procedure provided by law,” a written order of IHC stated while declaring the PTI chief’s appeal maintainable.

The court declared the August 29 notification issued by the Ministry of Law and Justice impugned, terming it to be “without lawful authority and no legal effect”.

“Notification (F.No.40(68)/2023-A-VIII) dated 13.11.2023 issued by the Ministry of Law and Justice on the basis of the Cabinet’s decision dated 12.11.2023 as well as notification (F.No.40(68)/2023-A-VIII) dated 15.11.2023 issued by the said Ministry on the basis of the Cabinet’s decision dated 15.11.2023 are declared to be of no legal consequence for not having been preceded by an order of the learned Judge, Special Court in terms of Section 352 Cr.P.C. passed in judicial proceedings,” the order stated.

The court also clarified that notification issued on November 15 by Ministry of Law and Justice on the basis of the cabinet’s decision on same day cannot be given retrospective effect.

“Consequently, the proceedings with effect from 29.08.2023 and the trial conducted in case FIR No.06/2023, dated 15.08.2023 registered under Sections 5 and 9 of the Official Secrets Act, 1923 read with Section 34 of the Pakistan Penal Code, 1860 at Police Station Counter Terrorism Wing, Federal Investigation Agency, Islamabad, in jail premises in a manner that cannot be termed as an open trial stand vitiated,” it further stated.
The cypher case pertains to a document waved by Imran, then the prime minister, at a public rally in March last year, terming it evidence of a foreign conspiracy behind the no-confidence motion he faced at that time. The motion was carried a few weeks later and Imran’s government ended.

During the hearing today, Imran's counsel Salman Akram Raja presented his arguments. He cited court rules and added that a judge's permission was needed for a trial to be conducted within prison premises.

He added once the permission has been granted, the judge informs the relevant ministry. Imran's counsel further stated that the reasoning for Imran's jail trial was not conveyed in earlier documents.

Raja maintained that the process followed for the same was incomplete.

When asked by the bench if the government's order for a jail trial was issued to fulfil legal obligations, the counsel replied in the negative and said the cabinet's approval came without a judicial order.

Concluding his arguments, the counsel said that all notifications issued for the jail trial were not in line with the law.

Attorney-General for Pakistan Mansoor Awan then took the rostrum and stated that a jail trial was not for ordinary people to attend and added that Imran's family has however been allowed to attend.

The AGP added that the hearing is being held in Rawalpindi's Adiala jail and was being conducted in prison due to security reasons.

After the AGP's arguments concluded, the bench reserved its verdict with Justice Aurangzeb saying that a short order would be issued first followed by a detailed order.

Earlier in October, the Islamabad High Court (IHC) clubbed Imran’s other petitions, seeking dismissal of the case and stopping his trial by the special court, established under the Official Secrets Act (OSA).

The PTI chairman filed another plea in the IHC seeking exemption under the Article 248. In the petition, it was stated that the Section 5 of the OSA did not apply to the cypher case.

The court had issued a notice to the FIA and sought its response today. The court also clubbed the petition with Imran’s other pleas against the case.

Imran had also filed a separate petition with the IHC challenging the FIA's request to hold the case's proceedings inside the jail premises. However, the high court disposed of the plea last week after observing that an in-camera trial was in the PTI chief's favour, asking him to approach the trial court regarding the matter.

Source: The Express Tribune
 
One day, we are seeing a new charge against Imran Khan and the other day we see some kind of relief. Not sure, how it is going to end?
 
One day, we are seeing a new charge against Imran Khan and the other day we see some kind of relief. Not sure, how it is going to end?

The establishment will always be one step ahead. Even if IK gets bail, they will rearrest him in some other case and the cycle will keep repeating.
 
Pakistan's Supreme Court accepted on Wednesday a bail application from detained former Prime Minister Imran Khan, his lawyer said, a day after another court declared illegal his trial on charges of leaking state secrets.

The former cricket star is fighting various legal battles in the hope of securing release from jail and leading his party in a campaign for a Feb. 8 general election, which his arch rival, another former prime minister, is hoping to win.

The 71-year-old was jailed on Aug. 5 for three years jail for unlawfully selling state gifts during his tenure as prime minister from 2018 to 2022. His lawyer said the Supreme Court had accepted the bid for bail.
"A decision will come in the next hearing after arguments from both sides," lawyer Naeem Panjutha said in a post of the social media platform X, formerly known as Twitter.

No date had been set for the hearing, he said, adding that the Supreme Court would seek input from the government on the application.

Khan has been at the centre of protracted political turmoil in nuclear-armed Pakistan that has shone a spotlight on the powerful military's influence over civilian politics.

He was forced from office in 2022 after losing a no-confidence vote in parliament, saying at the time the military was trying to sideline him after he fell out with the generals over top security appointments.

Even though Khan can not run in the February election because of his conviction, his party will face off against the party of Nawaz Sharif, a former prime minister who was ousted in a 1999 coup and forced from power again in 2017 by a court ruling.

Sharif returned home last month from four years of self-exile to help his party retain power.

The political chaos has coincided with Pakistan's most dire economic conditions in decades, raising concern for the future of the country of 241 million people.

Pakistan has a long record of political rivalries being played out in legal battles.

Khan has had dozens of cases filed against him. He dismisses the charges which he says have been cooked up by his enemies, including the military, to keep him out of politics.

The military, which has ruled directly or overseen civilian governments since Pakistan's creation in 1947, denies involvement in Khan's troubles.

In a positive step for Khan, the Islamabad High Court on Tuesday declared illegal his trial on charges relating to an accusation he released a classified cable sent to Islamabad by Pakistan's ambassador in the United States last year.

The court found that the trial, being held in jail for security reasons, did not meet legal requirements, meaning the prosecution would have to restart the case.

Khan has been convicted and jailed in connection with one case of graft but a court suspended the sentence to allow his release on bail. He remains locked up in connection with other cases.

Source: Reuters
 
The special court hearing the cypher case on Thursday ordered Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Vice-Chairman Shah Mahmood Qureshi to be presented at the Federal Judicial Complex (FJC) in Islamabad on November 28.

The directives were issued by Judge Abul Hasnat Muhammad Zulqarnain.

Former foreign minister Qureshi’s counsel, Ali Bhukari and Khalid Yusuf were also present in the court.

During the hearing, the judge asked for a copy of the Islamabad High Court's order, which was presented by court staff. He then ordered that the former premier and former foreign minister be presented in court on November 28.

The cypher

The cypher case pertains to a document waved by Imran, then the prime minister, at a public rally in March last year, terming it evidence of a foreign conspiracy behind the no-confidence motion he faced at that time. The motion was carried a few weeks later and Imran’s government ended.

Imran had filed a separate petition with the IHC challenging the FIA's request to hold the case's proceedings inside the jail premises. However, the high court disposed of the plea last week after observing that an in-camera trial was in the PTI chief's favour, asking him to approach the trial court regarding the matter.

Earlier this week, the IHC declared the proceedings of PTI Chairman Imran Khan’s trial conducted in jail in the cypher case so far as null and void. The appointment of the judge to the special court formed under the Official Secrets Act was held to be valid.

An IHC division bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, was hearing Imran’s intra-court appeal against a single-member bench’s decision to approve his jail trial in the cypher case and the appointment of the judge to the special court formed under the Official Secrets Act, 1923.

Approving the maintainability of the appeal, the court declared that the notification issued by the law ministry on August 29 -- which read that the Law and Justice Division had “no objection” to PTI chairman’s trial in the cypher case being held at Attock jail -- was without lawful authority and no legal effect “for want of an order by the appropriate government and fulfillment of requirements provided in Section 352 of the CrPC [Code of Criminal Procedure] as well as Rule 3 in Part-A of Chapter-1 in Volume-III of the Rules and Orders of the Lahore High Court”.

In its short order, the court also declared the law ministry’s notifications about Imran’s jail trial issued on September 12, September 25, October 3, and October 13 to be “without lawful authority and no legal effect”.

It added that the law ministry’s notifications issued on November 13 and November 15 after decisions made by the cabinet were “of no legal consequence”.

The short order read that the November 15 notification could not be given a “retrospective effect”.

“Consequently, the proceedings with effect from August 29 and the trial conducted … in jail premises in a manner that cannot be termed as an open trial stand vitiated,” the order read.

Souce: Express Tribune

 
The cypher case is an embarrassment for both NS and Establishment. It has no merit and in connivance with the terrible and compromised Farooq it has been used to keep IK in prison. Firstly, the Nooras and the PPP said it was never sent and now IK is in prison for leaking it. Does this make any sense to even the cretins that came up with this rubbish.
 
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Imran moves SC for bail in £190m case

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Friday moved the Supreme Court for bail in the £190 million and the Al-Qadir Trust reference, following rejection of his plea by the Islamabad High Court (IHC) 10 days ago.

In the bail application, Imran alleged that the National Accountability Bureau (NAB), while acting as a tool of the previous Pakistan Democratic Movement (PDM) government, made the reference to harass him on political grounds.

In the appeal, the Supreme Court had been requested to annul the IHC decision of Nov 14 and the decision of the accountability court on Aug 10 regarding his arrest in the Al-Qadir Trust case.

Meanwhile, IHC Chief Justice Aamer Farooq heard the PTI chief’s petition for an early decision on a request for withdrawal of his appeal against the Election Commission of Pakistan’s (ECP) decision to disqualify him in the Toshakhana reference, following his conviction in the case in August.

The petition was taken up along with the objections raised by the registrar's office. The chief justice said that a decision on the withdrawal of Imran’s miscellaneous petition against the ECP’s decision of Oct 21, 2022, would be taken soon.

The court said that many cases were going on simultaneously, assuring the PTI’s lawyer that the matter would be decided next week.

Imran wanted to withdraw his appeal to the IHC and take it to the Lahore High Court (LHC).

 
These cases are here just because the judicial system has collapsed totally in Pakistan. Numerous cases are pending which deserve much more attention then these cases which are going back and forth again and again.
 
Imran not brought to Islamabad’s Judicial Complex in cipher case due to ‘serious security risks’

Citing “serious security risks”, Adiala jail authorities failed to present PTI Chairman Imran Khan before the special court at Islamabad’s Federal Judicial Complex (FJC) on Tuesday as per the orders of the same court’s judge.

Last week, Special Court Judge Abual Hasnat Zulqarnain, who is hearing the cipher case, had issued directives that the PTI chief and former foreign minister Shah Mahmood Qureshi be presented at the FJC.

The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.

The former premier and his aide Qureshi, who is also behind bars, were indicted in the case on Oct 23. Both have pleaded not guilty.

The trial was being held at Adiala Jail and four witnesses had already recorded their statements, with the fifth being cross-examined when an Islamabad High Court division bench had termed the government’s notification for jail trial “erroneous” and scrapped the entire proceedings.

As a result of the judgement, the special court would now start a fresh trial while the prosecution would have to file a fresh application to conduct the trial in jail.

Police, administration and other departments concerned were to meet on Monday to finalise a security plan for Imran’s appearance. However, today, the Adiala jail authorities presented a report before the court, stating that the ex-premier could not be presented due to “serious security risks”.

Today, Judge Zulqarnain presided over the hearing at the FJC, where Barrister Salman Safdar appeared as Imran’s counsel while Advocate Ali Bukhari was present as Qureshi’s lawyer. The FIA’s prosecutors Shah Khawar and Zulfikar Abbas Naqvi also appeared before the court.

During the hearing, the jail authorities submitted their report to the court, which Judge Zulqarnain reviewed.

According to reports by intelligence agencies and the police, the PTI chairman faces life threats, the report stated. It further said, “It has been informed that the PTI chairman faces security risks of a serious scale”.

The jail officials informed the court they have written a letter to the Islamabad police, requesting additional security. Safdar then urged the court to adjourn the hearing indefinitely and grant his client bail.

Then, Qureshi’s counsel Bukhari began presenting his arguments before the court. He urged the court to issue directives for his client to be presented before the court, emphasising that it was a “legal responsibility”.

The special court then reserved its verdict on the matter, with Judge Zulqarnain noting that he would issue an “appropriate order”.
DAWN
 
What type of security concerns are we talking about here?
Imran has been out of the picture for a long time and no real news has been coming put about him or his health in the jail.
 
Open court trial in cipher case begins today

A special court established under the Official Secrets Act (OSA) will hear the cipher case against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi inside the Adiala jail on Friday (today).

Special Court Judge Abual Hasnat Zulqarnain will conduct the first open court hearing of the case on the order of the Islamabad High Court (IHC) on a petition filed by the PTI chairman.

Earlier this week, the judge had ruled that the hearing would be held inside the jail because of security issues.

As per the court order, the family members of the accused – the wife and three sisters of Imran and two daughters of Qureshi – are expected to attend the hearing.

Besides many prominent political personalities are likely to come to Adiala Jail to witness the proceedings.

Several court reporters as well as international media correspondents also rushed to get permission for the coverage of the trial but so far, there had been no contact with the jail authorities.

Officials said standard operating procedures (SOPs) were being prepared for the trial and its coverage.

Previously, the trial started inside the Adiala Jail but an IHC division bench annulled all those proceedings, ordering a fresh open court trial.

It is expected that during Friday’s hearing, copies of the challan will be distributed among the accused and the date will be fixed for their indictment.

The PTI chairman had also filed an amendment petition for the dismissal of the cipher in the Supreme Court.

In the petition, the PTI chief requested the apex court that the cipher case trial should be declared unconstitutional.

Imran was arrested on Aug 5, following his conviction in the Toshakhana case by a local court of Islamabad.



 
The Cipher case trial proceeding against former prime minister Imran Khan and his aide former foreign minister Shah Mehmood Qureshi has been postponed until Monday, December 4.

Special Court Judge Abual Hasnat Zulqarnain heard the case about the diplomatic document that the Federal Investigation Agency (FIA) says was never returned by Imran Khan after it was sent to him. Khan is facing charges of leaking the contents of the classified document to general public.

The hearing was held at Adiala Jail where Judge Abual Hasnat reached after driving his car by himself.

Besides the counsels of Imran Khan, Prosecutor Shah Khawar, Advocate Zulgarnain Abbas Naqvi, Special Prosecutor Rizwan Abbasi, and FIA’s lega team also appeared before the court.

At the hearing, family members of Imran, his sister Aleema Khan, wife Bushra Bibi and ex-FM Shah Mehmood Qurestion were also present in the courtroom.

A day earlier, the law ministry had submitted the notification of the jail trial under official secret act in the court.

Judge Abul Hasnat Zulqarnain had said in his remarks that there was a problem with his production order and that he would give the next date. Justice wouldnot only be done but it would also be seen to be done, the judge said on Friday.

He added that in light of the Islamabad High Court’s order of November 28, the trial of the Cipher case will be held in Adiala Jail and the High Court had directed that the trial should be completed within 4 weeks.

Source: AAJ News

 

Imran wants 'US envoy, ex-general' summoned in cypher case trial: Babar​

ISLAMABAD: Pakistan Tehreek-e-Insaf counsel Babar Awan on Monday said that party chief Imran Khan wants the "US envoy and an ex-army general" summoned by the special court hearing the cypher case trial.

Speaking to the media, Babar added Imran said that "US embassy representatives should also be called and took the name of a former army general".

During the hearing today, the special court established under the Official Secrets Act decided to indict PTI leaders Imran Khan and Shah Mahmood Qureshi in the cypher case.

The court presided over by Judge Abdul Hasnat Zulqarnain in Rawalpindi's Adiala jail, decided that charges would be filed afresh during the next hearing on December 12 as the court has directives from the Islamabad High Court (IHC) to complete proceedings in a month.

Both party leaders are being tried under Sections 5 and 9 of the Official Secrets Act 1923.

Last year on March 27, 2022, ahead of a vote of no-confidence in the National Assembly that resulted in his ouster, then-premier Imran had pulled out a piece of paper – allegedly the classified cypher – from his pocket and waved it at a public gathering in Islamabad, claiming it was evidence of an “international conspiracy” being hatched to topple his government.

The Federal Investigation Agency (FIA) booked and arrested Imran and former minister Qureshi for “wrongful use” of official secret information and illegal retention of the cypher telegram with malafide intentions.

PTI Vice Chairman Shah Mahmood Qureshi, who had served as the country’s foreign minister during PTI’s rule, was arrested by the FIA on August 19. The agency arrested Imran on August 29.

While the copies of the challan were distributed to the former PTI chairman and his aide during the session today, the charges would be filed at the next hearing.

At the previous hearing on December 4, Qureshi told the judge that the president had not given his assent to the amendments made to the Official Secrets Act, 1923 by the PML-N-led government at the tail-end of its term. He further requested the court to summon the president to the court to testify in the cypher case.

The previous hearing was ostensibly held as an open-court trial in which members of the media as well as civilians were allowed to participate as per the orders of the IHC. However, PTI’s counsel claimed to the media that only three out of more than 50 journalists were allowed inside while 10 civilians were ‘planted’ to participate in the court hearing.

Source: The Express Tribune
 
Not sure, when this case is going to be closed and in which direction.
 
Enemy Agents Ordinance will not apply to Imran, court says

A special court hearing the cipher case has ordered the prosecutor to produce an order of the federal government which give it jurisdiction to hold the trial under the Official Secrets Act.

In a detailed order issued for the hearing on December 4, the court said that the defence had argued that Section 13(6) of the Official Secrets Act needs an order for the government to allow the trial to proceed.

The order also clarifies that the the Enemy Agents Ordinance of 1943 will not be applicable to the case of Imran Khan and Shah Mahmood Qureshi.

The section 13(6) of the OSA allows for trial under the Pakistan Criminal Law Amendments Act which will be used instead of the Enemy Agents Ordinance. The order mentions that the latter act is rigid and denies many rights to the accused.

The prosecutor argued that the word may has been added to section 13(6) so providing the government order is not necessary. However, the court still ordered that the ‘general or specific’ order be produced on or before the next hearing.

The order adds that copies of the inquiry reports have been provided to the accused and they will be charged on the next hearing on December 12.


 
The Islamabad High Court (IHC) will announce its ruling on a request made by incarcerated Pakistan Tehreek-e-Insaf (PTI) supremo Imran Khan seeking withdrawal of a petition challenging his disqualification in the Toshakhana reference on Wednesday (today).


Source: The News
 
IHC rejects Imran’s plea seeking withdrawal of appeal against disqualification in Toshakhana reference

The Islamabad High Court (IHC) on Wednesday rejected former prime minister Imran Khan’s request to withdraw his appeal against disqualification in the Toshakhana reference.

IHC Chief Justice Aamer Farooq announced the verdict, which was reserved on September 13.

The reference alleging that Imran — who is currently incarcerated at Adiala Jail in the Toshakhana, Al-Qadir Trust and cipher cases — had not shared details of the gifts he retained from the Toshaskhana and proceeds from their reported sales was filed by lawmakers from the ruling coalition last year.

The Toshakhana is a department under the Cabinet Division that stores gifts given to rulers and government officials by heads of other governments and foreign dignitaries. According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.

On October 21, the Election Commission of Pakistan (ECP) had concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts.

The watchdog’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.

Subsequently, the ex-premier had approached the IHC against the electoral body’s decision contending that he had purchased the assets legally hence there was no reason for him not to mention the gifts in his assets statement.

However, on January 18, the PTI filed a fresh plea in IHC seeking to withdraw the petition, saying that Imran wanted the Lahore High Court to hear the matter.

 
Toshakhana case: IHC reserves ruling on Imran Khan's plea against conviction

A two-member bench of the Islamabad High Court (IHC) Monday reserved its verdict on former prime minister Imran Khan's plea against conviction in the Toshakhana case.

Khan, disqualified by the Election Commission of Pakistan (ECP) for five years, had filed a plea seeking suspension of the Islamabad trial court verdict which had sentenced him to three years after it found the former prime minister "guilty of corrupt practices" for concealing details of state gifts that he received as prime minister.

A two-member bench, comprising IHC Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, conducted the hearing today in response to the former Pakistan Tehreek-e-Insaf (PTI) chairman's plea against the trial court verdict.

In October this year, the ex-premier — who was removed from power via a no-confidence motion in April last year — challenged the trial verdict in the IHC, however, later he sought withdrawal of the appeal since his petition in the same case was pending before the Lahore High Court (LHC).

However, the IHC rejected his withdrawal petition last week.

During the hearing today, Khan's lawyer Latif Khosa appeared in court while Advocate Amjad Parvez appeared on behalf of the electoral body.

Khosa, in his arguments, told the court that he was refused to attend the hearing when he went to Adiala jail. He said he has the right to be present on behalf of his client.

At this, Justice Farooq asked if he contacted the judge of the court concerned in this matter. Khosa said that he, including his staff, were stopped and ridiculed.

Justice Farooq told Khosa that he would inform the registrar about this matter.

ECP's lawyer then raised an objection on the same plea filed in the Lahore High Court (LHC), saying that they had learned about the petition challenging ECP's disqualification notification.

Parvez said that the LHC's single bench had forwarded the matter to the five-member after hearing it. He requested that this petition was not admissible in this court.

An appeal was filed on August 8 to suspend the trial in the Toshakhana case and the verdict was announced on August 28, said the ECP lawyer. He added that one month and eight days after the verdict, a separate petition for suspension of the verdict was filed.



 
Toshakhana case: IHC reserves ruling on Imran Khan's plea against conviction

A two-member bench of the Islamabad High Court (IHC) Monday reserved its verdict on former prime minister Imran Khan's plea against conviction in the Toshakhana case.

Khan, disqualified by the Election Commission of Pakistan (ECP) for five years, had filed a plea seeking suspension of the Islamabad trial court verdict which had sentenced him to three years after it found the former prime minister "guilty of corrupt practices" for concealing details of state gifts that he received as prime minister.

A two-member bench, comprising IHC Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri, conducted the hearing today in response to the former Pakistan Tehreek-e-Insaf (PTI) chairman's plea against the trial court verdict.

In October this year, the ex-premier — who was removed from power via a no-confidence motion in April last year — challenged the trial verdict in the IHC, however, later he sought withdrawal of the appeal since his petition in the same case was pending before the Lahore High Court (LHC).

However, the IHC rejected his withdrawal petition last week.

During the hearing today, Khan's lawyer Latif Khosa appeared in court while Advocate Amjad Parvez appeared on behalf of the electoral body.

Khosa, in his arguments, told the court that he was refused to attend the hearing when he went to Adiala jail. He said he has the right to be present on behalf of his client.

At this, Justice Farooq asked if he contacted the judge of the court concerned in this matter. Khosa said that he, including his staff, were stopped and ridiculed.

Justice Farooq told Khosa that he would inform the registrar about this matter.

ECP's lawyer then raised an objection on the same plea filed in the Lahore High Court (LHC), saying that they had learned about the petition challenging ECP's disqualification notification.

Parvez said that the LHC's single bench had forwarded the matter to the five-member after hearing it. He requested that this petition was not admissible in this court.

An appeal was filed on August 8 to suspend the trial in the Toshakhana case and the verdict was announced on August 28, said the ECP lawyer. He added that one month and eight days after the verdict, a separate petition for suspension of the verdict was filed.



Amir Farooq will not be in office forever and his corruption will not be forgotten or forgiven. PK judiciary is amongst the worst in the World and the likes of Isa and Farooq are the reason along with the interference of the Generals and the buying of Judges of NS
 
Former prime minister Imran Khan and his then foreign minister Shah Mahmood Qureshi were indicted by a special court hearing the cypher case in Rawalpindi's Adiala jail.

The case originated from Imran's public display of a paper during a rally in Islamabad on March 27, 2022, claiming it as evidence of an "international conspiracy" before a vote of no-confidence led to his government's ouster.

Judge Abual Hasnat Zulqarnain of the special court, formed to hear the case related to the Official Secrets Act, heard the case against Imran and Qureshi.

Both PTI leaders pleaded not guilty during the hearing and said the indictment was 'fabricated'. Imran and Qureshi also stated that the indictment was 'illegal' and they would challenge it in a court of law.

Prosecutor Rizwan Abbasi informed the court that the statements of the witnesses will be recorded on Thursday. The court then issued a notice to the Federal Investigation Agency (FIA) and summoned the three official witnesses of the case.

The hearing was then adjourned till tomorrow (December 14).

The Federal Investigation Agency (FIA) initiated its probe into the so-called “cypher-gate” on July 19, 2023, after the previous coalition government announced an official inquiry against Imran and his close associates for violating the OSA.

Imran was arrested on August 5, following his conviction in the Toshakhana case by a local court of Islamabad. Later, he was also arrested in the cypher case on August 29.

As per the challan papers, both Imran and Qureshi, the former foreign minister, were charged under sections 5 and 9 of the OSA. These provisions entail the possibility of the death penalty or life imprisonment.

Source: Express Tribune

 
A cipher is a very secret document. Imran Khan made a mistake by disclosing it during a rally.
 
Your confused. Firstly, they claimed it wasnt true. Remember the hours that @Major and @Mamoon spent denying its existence and SS and Billo it didnt exist and then it was true but IK lied about contents and the American newspapers published the content and IK told the truth.
A cipher is a very secret document. Imran Khan made a mistake by disclosing it during a rally
 
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A cipher is a very secret document. Imran Khan made a mistake by disclosing it during a rally.

He only summarized it, he did not give anyone an exclusive look at the document except for the Cabinet, President, CJP and the Speaker of the National Assembly. The National Security Council had also authorized that the document could be released to select individuals.
 

Court orders media blackout in high-stakes Imran Khan, Qureshi cipher trial​

In a dramatic turn of events, the Special Official Secrets Act court has imposed a complete media ban on the highly anticipated cipher case against former Prime Minister Imran Khan and ex-foreign minister Shah Mehmood Qureshi.

Judge Abul Hasnat Zulqarnain emphasized that any breach would be processed under the Official Secrets Act, and the court order is to be shared with PEMRA and PTA to ensure compliance. The court, citing Section 14A of the Official Secrets Act, prohibits any broadcasting or reporting of the case on any media platform, including print, electronic, and social media.

This unprecedented move comes after a request by the Federal Investigation Agency (FIA) prosecutor for an in-camera trial, arguing that the sensitive nature of the case involving classified diplomatic documents necessitates confidentiality.

The court, citing Section 14A of the Official Secrets Act, prohibits any broadcasting or reporting of the case on any media platform, including print, electronic, and social media. This unprecedented move comes after a request by the Federal Investigation Agency (FIA) prosecutor for an in-camera trial, arguing that the sensitive nature of the case involving classified diplomatic documents necessitates confidentiality.

While the court acknowledged the presence of family members during the trial, it imposed strict conditions, requiring them to refrain from disclosing any details of the proceedings. Additionally, the public will be barred from attending the hearings, further limiting the public's ability to follow the case.

This decision has ignited a firestorm of debate. Former PTI chairman Imran Khan’s lawyers have raised concerns about the potential for abuse of power and a lack of transparency. They point to the Islamabad High Court's previous orders for an open trial and argue that the media ban violates the right to information.

This development follows the recent filing of charges against Imran Khan and Shah Mehmood Qureshi in the cipher case. Special Prosecutor FIA Raja Rizwan Abbasi highlighted the need for confidentiality in the trial, given the sensitive nature of the case under the Official Secrets Act.

The case centers on allegations that Imran Khan and Shah Mehmood Qureshi disclosed the secret text of a cipher, a matter of national security. The court had previously seen challenges to notifications calling for an in-camera hearing, with the Islamabad High Court nullifying the notification and ordering an open trial. However, the latest court order reinforces the need for secrecy in the trial to protect classified information.

The cipher case, stemming from Khan's alleged mishandling of a diplomatic cable, has been a political maelstrom since its inception. Khan and Qureshi, who deny any wrongdoing, have accused the government of using the case as a political vendetta.

Source: SAMAA
 
Each day, we hear a new story. Not sure, when and in which direction this case is going to end.
 
NAB request for Imran’s extended remand rejected

ISLAMABAD: The accountability court of Islamabad on Saturday rejected an application of the National Accountability Bureau (NAB) seeking to extend the remand of former prime minister Imran Khan in the reference related to his alleged misuse of authority in acquiring Toshakhana gifts.

The court conducted the proceeding at Adiala Jail.

NAB was seeking to extend physical remand for three days, but Judge Mohammad Bashir of the accountability court rejected the request and remanded the ex-premier to the judicial lock-up.

Outside Adiala Jail, Mr Khan’s sister Aleema Khan told reporters that the Special Court (Official Secrets Act) had stopped them from discussing the cipher case in the media, but the PTI would challenge this order before the Supreme Court.

PTI Chairman Barrister Gohar Ali Khan said the party never wanted a delay in the elections, pointing out that it was the PTI that had filed a petition for timely elections for which it had even sacrificed its governments in Punjab and Khyber Pakhtunkhwa and its members tendered resignations from the National Assembly.

He said the only request that PTI had was about the appointment of returning officers from the judiciary, instead of bureaucracy, to ensure free and fair elections. He expressed the hope that the apex court would secure democracy in the country.

Terming the proceedings against Mr Khan in different cases at Adiala Jail violation of his fundamental rights, Barrister Gohar said the government was trying to get his physical remand in successive cases for political reasons. He said the ‘frivolous’ case of Toshakhana was nothing but ‘victimisation’.

According to him, Mr Khan and his family members had been dragged in bogus cases in order to force the former premier for a compromise.

He welcomed the SC’s intervention to ensure timely elections, but requested for a level playing field for the PTI as its leaders and political workers were not even allowed to undertake canvassing for the elections.

He claimed that the party would secure two-thirds majority if the elections were held in a free and fair manner.

PTI leader Shuaib Shaheen said there is no chance of level playing in sight when the party was not given even a field. He explained that PTI workers were not allowed to attend political gatherings, as many of them were being put behind bars.

According to him, the PTI is blamed for May 9 violent incidents, which were “a drama staged to corner” the party.
 
Our Kaptaan tried by criminals in secret. So draconian is the abuse that no one is allowed to talk about the proceedings in any way or form. This after he said to PK people that he will not leave PK and won't back down.
 
Our Kaptaan tried by criminals in secret. So draconian is the abuse that no one is allowed to talk about the proceedings in any way or form. This after he said to PK people that he will not leave PK and won't back down.

It's the same old story.

How do you think Sadam Hussein was allowed to rule with an iron fist for 3 decades before being taken down?

The country sold out the day it was born and has never belonged to its people.
 
ECP's reply sought on Imran's plea challenging jail trial

LAHORE: The Lahore High Court (LHC) on Monday turned down a request to immediately halt former premier Imran Khan’s jail trial in contempt proceedings for allegedly using derogatory and contemptuous remarks against the chief election commissioner and sought a reply from the ECP.

A three-member bench headed by Justice Aalia Neelum heard the case.

During the proceeding, the ECP’s counsel updated the bench about the home department's notification regarding Imran's jail trial.

During the proceedings, the bench inquired if the petitioner's counsel had contested the notification anywhere, to which the counsels answered in the negative and requested the court for a few days to file a challenge against the notification.

They prayed the court to adjourn the proceedings for two or three days.

The bench, however, stated that the challenge should have been raised first and questioned how could it hear a case regarding an ECP notification in Islamabad, suggesting the petitioner should have approached either the Islamabad High Court or the Rawalpindi bench of the LHC.

Citing a precedent, the petitioner's counsel argued that a similar matter from Rawalpindi had been forwarded to the principal seat.

At this, Justice Aalia Neelum remarked that the unavailability of judges to form a bench had prompted the transfer of the matter to the principal seat.

Petition

The petitioner – Imran Khan – had requested the court to set aside the ECP’s impugned order of November 30, 2023 – which the ECP announced on December 6, 2023 – under which the commission decided to conduct his trial or proceedings in Adiala Jail on account of unspecified security reasons.

The PTI’s founding chairman also appealed to the court to declare the secretive and closed-door jail trial a blatant violation of his fundamental rights.

He requested the concerned authorities to conduct his trial openly in a public court, akin to regular proceedings.

Additionally, he urged for a halt to the proceedings before the election commission under the Election Act 2017, restraining the CEC from conducting hearings in the jail, issuing any orders, or implementing coercive measures against him.

The petitioner included the Federation of Pakistan, represented by the Secretary of the Ministry of Law and Justice, the ECP with its CEC, the secretary of the ECP, the director general of law at the ECP, the secretary of the Ministry of Interior, the superintendent of district Adiala Jail, and the additional inspector general of police (operations) as respondents.Meanwhile, the Election Commission of Pakistan (ECP) on Monday reserved its verdict on petitions challenging the recently held intra-party polls of the PTI.

In the intra-party elections held earlier in December on the directives issued by the electoral body, Barrister Gohar Ali Khan was elected as the party's new chairman.

Gohar was nominated by Imran Khan, the founding chairman of PTI who is now incarcerated in Rawalpindi's Adiala Jail.

At the start of the hearing, PTI’s counsel Barrister Ali Zafar maintained that the tenure of a party's chairman was five years and the duration of the panel is three years, hence, the intra-party elections are unnecessary when the chairman is elected unopposed.

A member of the ECP said that the matter had not been left without definition as the law stated holding polls in accordance with the established regulations.

He argued that the party's constitution provided a clear explanation of the procedures for conducting intra-party polls but the Elections Act did specify who qualifies as a member.

Zafar maintained that the ECP had given a verdict on Feb 22 that specified that any individual who was not a party member could not cast vote in party elections.

He added that the pleas against the party's intra-party elections suggested that the polls were secret.

When asked by another member if it was decided that the polls would be held unopposed, Zafar replied in the negative, mentioning that the election schedule of the party had been posted outside all PTI offices.

The counsel elaborated that the party had more than 0.83 million voters. "Apart from a few people, no one approached the ECP," he said, adding that the PTI was the only party which had all its records accessible online.

Countering the ECP's argument, the PTI counsel said that none of the people who had reservations had submitted fees to the party except Akbar S Babar, and hence, he was the only one to retain his status as a party member.

He added that none of the petitioners had filed nomination papers, stressing that only party members were eligible to challenge PTI's intra-party polls.

Zafar asked the ECP member what violation did the party commit. "Did we violate the Elections Act? No we did not."

The counsel clarified that Babar's plea was for all parties to conduct intra-party polls afresh. He then urged the ECP to dismiss all petitions challenging the party's intra-party polls.

The counsels of other petitioners gave their arguments, following which the ECP reserved its verdict on the pleas.

Earlier, PTI founding member Akbar S Babar, who later developed differences with its leadership, challenged the party's intra-party polls.

In a letter to Chief Election Commissioner Sikandar Sultan Raja, he requested that the PTI should not be allowed to use the ‘cricket bat’ as its electoral symbol until it held transparent intra-party polls.

He also asked the commission to appoint an independent third-party monitor to conduct the PTI’s fresh intra-party polls.

Babar termed the PTI’s intra-party elections mere “pretence and deception”.

He added that the “fraudulent” election process had deprived the PTI members of their right to vote and participate in the polls.

Babar further contended that the PTI had not disclosed the rules and regulations of the intra-party polls; their schedule and procedure; and time for the submission of nomination papers.

The report of the intra-party election results was submitted to the ECP by PTI Chief Election Commissioner Niazullah Niazi.

The commission was provided with the report on the intra-party poll results of the PTI central and provincial organisations.

 

Imran Khan moves IHC against indictment, trial court proceedings in cipher case​

Incarcerated Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan on Tuesday challenged his indictment in cipher case and the entire proceedings by the special court — established under the Official Secrets Act — in the Islamabad High Court (IHC).

On December 12, the special court indicted the former prime minister — who was removed from power via a no-confidence vote last year — in the diplomatic cable case.

In his fresh petition, the PTI supremo said: “The learned trial court, while deciding the matter discussed in the petition, did not look into the true perspective of the facts and law which makes the impugned order and proceedings since 23/11/23 illegitimate/not-maintainable in the eye of law and liable to be set aside for the proper dispensation of justice.”

He pleaded with the court to declare the December 12 order of the special court null and void.

“[…] It is graciously prayed that the petition in hand may very kindly be accepted while setting aside/declaring illegal, the order dated 12.12.23 by the learned trial court illegally/unauthorisedly while disobeying the law and legislature and preferred the wishes and whims of prosecution respectively in the interest of justice.”

The deposed premier further prayed that the operation of the impugned December 12 order and proceedings before the trial court be suspended in the “interest of justice” till the decision of the fresh petition.

“Any other relief, which this honourable court deems fit and proper, may also be granted,” read the petition.

Terming his trial “illegal and unlawful”, Khan urged the high court to discharge him from the case.

Meanwhile, the high court set December 20 as the date to hear the petition. IHC’s Justice Miangul Hassan Aurangzeb will take up the plea tomorrow (Wednesday).

Source: GEO
 
Imran challenges cipher indictment before IHC

ISLAMABAD: Justice Miangul Hassan Aurangzeb will take up former prime minister Imran Khan’s plea challenging in-camera proceedings of the cipher trial at Adiala jail today (Wednesday).

Mr Khan in his petition also challenged his de-novo trial in jail and subsequent developments, including the framing of charges and a gag order on the media.

On the other hand, the Islamabad High Court (IHC) issued a detailed judgement explaining reasons for scrapping the earlier round of proceedings of the Special Court (Official Secrets Act) due to a lack of transparency and openness. The court links the open court proceedings with the independence of the judicial system.

The bench noted that the Islamabad administration, upon the trial court judge’s request, initiated the process to hold the proceedings in jail as it informed the interior ministry about a police report expressing certain apprehensions related to law and order if the trial were to be conducted in the courtroom. Based on this information, the law ministry issued a notification for conducting Mr Khan’s trial in jail.

The detailed order stated that on Nov 8, 2023, the chief commissioner re-initiated the process of conducting the proceedings in jail. The interior ministry referred the letter to the law ministry, which forwarded a summary to the federal cabinet, seeking its approval.

It noted that before the issuance of the notification for conducting the trial in jail, the Special Court judge had not passed any judicial order for holding the proceedings or trial in jail, against which a revision could be preferred. It noted the judge conducted the proceeding in-camera and he “ought to have realised that an open trial is the minimum requisite of a fair trial, and that the manner in which he conducted the proceedings was destructive of the principles of fair trial”.
 
Imran’s prospects dim as conviction remains in field

ISLAMABAD: The Islamabad High Court (IHC) on Thursday dismissed a petition seeking suspension of PTI founder Imran Khan’s conviction in the Toshakhana reference, diminishing his chances of contesting the Feb 8 elections.

In a related development, the court summoned the attorney general on Mr Khan’s petition challenging media curbs and in-camera proceedings of the cipher case.

Separately, PTI Chairman Gohar Ali Khan approached the Supreme Court on Thursday, seeking a level playing field for the party in the upcoming polls.

Mr Khan was convicted in the Toshakhana case on Aug 5, and sentenced to three years’ imprisonment. On Aug 28, the IHC suspended his sentence. However, a division bench of IHC comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri on Thursday rejected Mr Khan’s petition seeking suspension of his conviction.

Mr Khan had moved an application to modify the order of suspending his sentence and sought to suspend the conviction in order to enable him to contest the election.

His counsel Sardar Latif Khosa said the trial court’s verdict should be suspended under Section 426 of CrPC because the Election Commission of Pakistan (ECP) had, on Aug 8, issued a notification to disqualify Mr Khan that infringed upon his constitutional rights.

He pointed out that in the case of Makhdoom Javed Hashmi, the Supreme Court had observed that the conviction could be suspended.

But the ECP counsel argued that IHC had already suspended the sentence and seeking the relief of suspending the conviction before the division bench is an “afterthought”.

He pointed out that Mr Khan’s counsel did not raise this issue while seeking suspension of the sentence earlier and his disqualification notification was in the field, which was also in the knowledge of the applicant, and yet no request for the modification was made. He said the sole emphasis by Mr Khan’s counsel was on the fact that it is a short sentence.

The bench noted that Mr Khan’s counsel was seeking suspension of the sentence and “a verbal request for suspension of the order/judgement was also made and that this Court had omitted to pass the order on the same inadvertently”.

In order to proceed with the request to modify the Aug 28 order and suspend the conviction, the bench observed, it should be seen whether the court had jurisdiction under Section 426 of CrPC to suspend the judgement.

Examining the dictum laid down by superior courts, the bench reproduced SC’s decision in the Abdul Kabir case which said “the appellate court has no authority under section 426 to suspend the conviction. Conviction and sentence connote two different terms. Conviction means proving or finding guilty. Sentence is punishment awarded to a person convicted in criminal trial”.

As per this order, “the suspension of sentence is only a concession to an accused under section 426, but it does not mean that the conviction is erased”.

The bench said “the judgement shows that the Supreme Court of Pakistan has categorically given the findings that conviction cannot be suspended”.

Discussing Mr Khan’s disqualification, the court observed that the ex-PM had already challenged it before the LHC and the matter was pending there.

The IHC concluded that the petitioner’s lawyer had failed to mention “extraordinary or exceptional circumstances” for suspending the conviction.

 
In an unexpected development, the Supreme Court on Friday approved former prime minister Imran Khan and ex-foreign minister Shah Mahmood Qureshi’s bail in the cipher case.

It directed the PTI leaders to submit surety bonds worth Rs1 million each.

The order was issued by a three-member bench headed by Justice Sardar Tariq Masood and comprising Justices Athar Minallah and Syed Mansoor Ali Shah on a set of PTI petitions.

The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.

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

The former premier and his aide Qureshi, who is also behind bars, were first indicted in the case on Oct 23. Both had pleaded not guilty. The trial was being held at Adiala Jail and four witnesses had already recorded their statements when the IHC termed the government’s notification for a jail trial “erroneous” and scrapped the entire proceedings.

The IHC had endorsed Imran’s indictment, disposing of his plea against the same, but had also instructed the special court judge to ensure a “fair trial”.

Source: Dawn
 
Key witnesses record statements in cypher case

The prosecution's key witnesses, including ex-premier Imran Khan's principal secretary Azam Khan and then ambassador to US Asad Majeed Khan recorded their statement on Saturday in the cypher case.

Besides the two, former executive magistrate Ubaid Arshad, assistant cypher operation Nauman and the secretary of Ministry of Interior Aftab Ahmed Khan recorded their statements before special court Judge Abul Hasnat Muhammad Zulqarnain, who presided over the open-trial hearing at Rawalpindi Central Jail.

Pakistan Tehreek-e-Insaf (PTI) chief's wife, his sisters, along with former foreign minister Shah Mehmood Qureshi’s family were present in the courtroom.

Before the hearing, the prosecution brought forth 22 prosecution witnesses. These include Azam Khan, Sohail Mehmood, Asad Majeed, Hidayatullah, Muhammad Ashfaq, Hidayatullah Batini, Haseeb Gohar, Nadir Khan, Shamoon Abbas, Farrukh Abbas, Ayoub Chaudhry, Aftab Akbar Durrani, Adnan Arshad, Shujaat, Afzal, Jawaid, Abdul Jabbar, Ubaid Arshad Bhatti, Faisal Niaz, Nauman Ullah, Sajid Mehmood and Muhammad Nauman, arrived at Adiala jail today.

Earlier, in October this year, the Federal Investigation Agency (FIA) had submitted a list of 28 witnesses in the cypher case against Imran and Qureshi, according to a copy of the indictment.

A day earlier, the Supreme Court of Pakistan (SC) granted both PTI leaders bail in the cypher case as there was no sufficient incriminating material to show that Imran had revealed the informer in the diplomatic document to the general public.

However, their immediate release from Adiala jail is hindered by their involvement in other ongoing cases.

The case originated from Imran's public display of a paper during a rally in Islamabad on March 27, 2022, claiming it as evidence of an "international conspiracy" before a vote of no-confidence led to his government's ouster.

The FIA initiated its probe into the so-called “cypher-gate” on July 19, 2023, after the previous coalition government announced an official inquiry against the former prime minister and his close associates for violating the OSA.

Imran was arrested on August 5, following his conviction in the Toshakhana case by a local court of Islamabad. Later, he was also arrested in the cypher case on August 29.

As per the challan papers, Imran and Qureshi were charged under sections 5 and 9 of the Official Secrets Act. These provisions entail the possibility of the death penalty or life imprisonment.

Previously, the cypher trial had started inside the Adiala jail but an IHC division bench later annulled all those proceedings, ordering a fresh open court trial.

Source : The Express Tribune
 
PPP, PML-N discontented with Imran Khan’s bail in cipher case

Pakistan Peoples Party (PPP) and Pakistan Muslim League-N (PML-N) both have voiced dissatisfaction over the Supreme Court's decision to grant Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan relief in the cipher case.

Politicians of both political parties commented a day after the former PTI chairman was granted bail.

Malik Ahmad Khan, a senior PML-N leader, questioned on Saturday how Imran Khan could be bailed for breaching the Official Secrets Act without first having the case thoroughly investigated.

Addressing media in Lahore, Khan remarked, "So, if someone has committed a crime, will you spare him without an investigation? Is it appropriate to combine legal and constitutional violations with fair play?”

The PML-N politico asked how a party could be given its electoral symbol if it was legally prohibited from contesting elections for failing to hold intra-party elections as per the rules specified by the Election Commission of Pakistan (ECP).

The ECP, on Friday evening, stripped PTI of its ‘bat’ symbol. Announcing its reserved verdict, a five-member ECP bench — headed by Chief Election Commissioner Sikandar Sultan Raja — declared PTI's intra-party elections unlawful.

The PML-N leader said the ECP raised objections on the PTI’s intra-party elections as its legitimate questions were not answered.

While mentioning the SC verdict in the cipher case, PML-N's Khan said first the PTI founder held a short cabinet meeting on the secret document and then immediately recommended the president dissolve the assemblies on its basis.

He likened the PTI's move to the violation of the Constitution by the military dictators.

'Pakistan suffered unbearable loss due to cipher'
Separately, addressing a presser in Karachi, PPP leader Sharjeel Inam Memon said Pakistan suffered unbearable loss due to cipher and till today the country’s economy is suffering.

He said a hostile country benefitted through it as everyone saw how the Indian media highlighted the cipher case.

Sharjeel Memon said the ones whose parties were launched by few people were not big leaders and cited Asif Zardari's "Pakistan Khappay" slogan at Benazir Bhutto's death as an example of statesmanship

He said multiple leaders served jail terms in the past. He alleged that the PTI robbed people of their rights in the 2018 elections through RTS.

He said the PTI founder was a favourite and lambasted him for "spreading negativity among the youth" through social media.

“Does a big party mean the law will not apply to it? Are big leaders absolved of everything,” Memon questioned.

The PPP leader appealed not to equate those with the PTI founder who wanted the development of the country. Everyone has started assuming the former PM is innocent, he lamented.

“If someone is getting funding from India and Israel, he can never benefit the country,” Memon said, adding that the PPP itself wanted a level-playing field for everybody.

Source : The News International
 
PPP, PML-N discontented with Imran Khan’s bail in cipher case

Pakistan Peoples Party (PPP) and Pakistan Muslim League-N (PML-N) both have voiced dissatisfaction over the Supreme Court's decision to grant Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan relief in the cipher case.

Politicians of both political parties commented a day after the former PTI chairman was granted bail.

Malik Ahmad Khan, a senior PML-N leader, questioned on Saturday how Imran Khan could be bailed for breaching the Official Secrets Act without first having the case thoroughly investigated.

Addressing media in Lahore, Khan remarked, "So, if someone has committed a crime, will you spare him without an investigation? Is it appropriate to combine legal and constitutional violations with fair play?”

The PML-N politico asked how a party could be given its electoral symbol if it was legally prohibited from contesting elections for failing to hold intra-party elections as per the rules specified by the Election Commission of Pakistan (ECP).

The ECP, on Friday evening, stripped PTI of its ‘bat’ symbol. Announcing its reserved verdict, a five-member ECP bench — headed by Chief Election Commissioner Sikandar Sultan Raja — declared PTI's intra-party elections unlawful.

The PML-N leader said the ECP raised objections on the PTI’s intra-party elections as its legitimate questions were not answered.

While mentioning the SC verdict in the cipher case, PML-N's Khan said first the PTI founder held a short cabinet meeting on the secret document and then immediately recommended the president dissolve the assemblies on its basis.

He likened the PTI's move to the violation of the Constitution by the military dictators.

'Pakistan suffered unbearable loss due to cipher'
Separately, addressing a presser in Karachi, PPP leader Sharjeel Inam Memon said Pakistan suffered unbearable loss due to cipher and till today the country’s economy is suffering.

He said a hostile country benefitted through it as everyone saw how the Indian media highlighted the cipher case.

Sharjeel Memon said the ones whose parties were launched by few people were not big leaders and cited Asif Zardari's "Pakistan Khappay" slogan at Benazir Bhutto's death as an example of statesmanship

He said multiple leaders served jail terms in the past. He alleged that the PTI robbed people of their rights in the 2018 elections through RTS.

He said the PTI founder was a favourite and lambasted him for "spreading negativity among the youth" through social media.

“Does a big party mean the law will not apply to it? Are big leaders absolved of everything,” Memon questioned.

The PPP leader appealed not to equate those with the PTI founder who wanted the development of the country. Everyone has started assuming the former PM is innocent, he lamented.

“If someone is getting funding from India and Israel, he can never benefit the country,” Memon said, adding that the PPP itself wanted a level-playing field for everybody.

Source : The News International
Corrupt mafia with no support holding IK hostage in prison
 
PML-N takes aim at SC for granting bail to Imran

LAHORE: The PML-N, which recently was showering praise on the judiciary for providing ‘expeditious justice’ to its convicted supreme leader Nawaz Sharif in corruption cases, on Saturday turned its guns on the apex court for providing “certificate of innocence” to PTI founder Imran Khan in the cipher case.

On Friday, the Supreme Court granted post-arrest bail to PTI leaders Imran Khan and Shah Mehmood Qureshi in the cipher case.

Reacting strongly to the SC decision at separate pre¬ss conferences, PML-N’s central information sec-retary Marriyum Aura¬ngzeb, Malik Ahmad Khan and former minister Moh¬sin Shahnawaz Ranjah taunted that “Imran is now being portrayed as innocent”.

Since his arrival from London on Oct 21 after a four-year self-imposed exile, Nawaz Sharif has been given VVIP protocol from the caretaker governments at the Centre and in Punjab, while his convictions in Al-Azizia and Avenfield cases have been set aside by the Islamabad High Court after a few hearings.

Mr Sharif praised the judiciary for giving him “swift justice” in what he called fake cases instituted as part of a conspiracy to oust him from power in 2017.

Before assuming the charge of Chief Justice of Pakistan by Qazi Faez Isa in September, the PML-N leaders had been taking on the apex court judges for allegedly favouring Imran Khan in different cases.

PML-N chief organiser Maryam Nawaz had even displayed the portrait of a couple of sitting SC judges making different allegations against them at a public rally. However, no contempt of case was initiated against her.

On Saturday, the PML-N showed its intent to again target the judiciary in the wake of relief provided to its rival Imran Khan.

“Efforts are afoot to impose Imran Khan again by presenting him innocent, but the people will not let it happen,” Ms Auranzeb said, wondering how the culprits of May 9 events could be innocent.

She also asked why Mr Khan could not appear before courts in the cases like Al-Qadir Trust, while Nawaz Sharif happened to attend a number of court proceedings in “fake cases”. “Today the country’s criminal is being presented as innocent to save him, which is unfair,” she decried and declared come what may, Nawaz Sharif would take part in the Feb 8 polls.

Malik Ahmad Khan said that after the SC decision in the cipher case, it had become known who was ‘favourite’. “We respect the SC’s decision but there are questions on changing the jurisdiction of the court, in this case,” he said, warning that there would be repercussions of such decisions. “The judges’ comments (during the hearing of Imran Khan’s bail petition) may influence the proceedings of cipher case in the trial court,” he said.

The PML-N leader welcomed the Election Commission’s decision to declare PTI’s intra-party polls unconstitutional.

Mohsin Ranjah said the act of awarding ‘Sadiq (truthful) and Ameen (righteous)’ certificate to a person (Imran Khan) had been going on for quite sometimes. “The judges are giving a certificate of innocent to a person who had been declared controversial. This is injustice to the people,” he said, adding that the PML-N would accept courts’ decisions but had the right to express its reservations.
 
IHC verdict on in-camera cipher trial may come this week

The Islamabad High Court (IHC) is likely to rule this week on the legality of in-camera proceedings in the cipher case involving former prime minister Imran Khan.

IHC Justice Miangul Hassan Aurangzeb will resume hearing of a petition filed by Mr Khan against the decision of the Special Court (Official Secrets Act) to hold closed-door proceedings of the cipher case at Adiala Jail.

Justice Aurangzeb was heading a division bench that had earlier issued a detailed order, scrapping the cipher trial and linking the open proceedings of the court with transparency, impartiality and independence of the judiciary.

In a judgement issued by the IHC on Dec 19, the court had stressed that “public trial ensures impartial administration of justice”.

The judgement explained the reasons for scrapping the earlier round of proceedings of the Special Court (Official Secrets Act) due to lack of transparency and openness and linked the open court proceedings with the independence of the judicial system.

Mr Khan also challenged his de-novo trial in jail and also subsequent development including framing of charge, holding the proceedings in-camera and media censorship.

In the detailed order, the bench noted that the Islamabad administration, on a request of trial court judge, initiated the process to hold proceedings in jail as it informed the interior ministry about a police report that expressed certain apprehensions related to law and order if the trial is conducted in the courtroom.

The law ministry issued a notification for conducting the trial of Mr Khan in jail on the basis of this information.

The court order stated the chief commissioner on Nov 8, re-initiated the process of conducting the proceedings in jail. The interior ministry referred the letter to the law ministry which forwarded a summary to the federal cabinet seeking approval of the same.

The court noted that prior to the issuance of the notification for conducting the trial in jail, the Special Court judge had not passed any order for holding proceedings or trial in jail against which a revision could be preferred.

The court observed: “There is nothing on the record to show that prior to the notifications dated 12.09.2023, 25.09.2023, 03.10.2023, and 13.10.2023, any sanction of the Federal Government (i.e. cabinet) had been obtained through the District Magistrate for conducting the proceedings.

The bench noted lapses on the judge’s part and observed he “was expected to exercise vigilance by satisfying himself that all requirements of Section 352 CrPC and Rule 3 of LHC Rules had been fulfilled before he decided to hold court in jail premises”.

The court order cited English judgements and noted that these emphasize that “the open court principle is a hallmark of democratic society and applies to all judicial proceedings. This principle has long been recognised as a cornerstone of the common law.

Public access to courts guarantees integrity of judicial process by demonstrating that justice is administered in a non-arbitrary manner, according to the rule of law“.

Source : Dawn News
 
IHC verdict on in-camera cipher trial may come this week

The Islamabad High Court (IHC) is likely to rule this week on the legality of in-camera proceedings in the cipher case involving former prime minister Imran Khan.

IHC Justice Miangul Hassan Aurangzeb will resume hearing of a petition filed by Mr Khan against the decision of the Special Court (Official Secrets Act) to hold closed-door proceedings of the cipher case at Adiala Jail.

Justice Aurangzeb was heading a division bench that had earlier issued a detailed order, scrapping the cipher trial and linking the open proceedings of the court with transparency, impartiality and independence of the judiciary.

In a judgement issued by the IHC on Dec 19, the court had stressed that “public trial ensures impartial administration of justice”.

The judgement explained the reasons for scrapping the earlier round of proceedings of the Special Court (Official Secrets Act) due to lack of transparency and openness and linked the open court proceedings with the independence of the judicial system.

Mr Khan also challenged his de-novo trial in jail and also subsequent development including framing of charge, holding the proceedings in-camera and media censorship.

In the detailed order, the bench noted that the Islamabad administration, on a request of trial court judge, initiated the process to hold proceedings in jail as it informed the interior ministry about a police report that expressed certain apprehensions related to law and order if the trial is conducted in the courtroom.

The law ministry issued a notification for conducting the trial of Mr Khan in jail on the basis of this information.

The court order stated the chief commissioner on Nov 8, re-initiated the process of conducting the proceedings in jail. The interior ministry referred the letter to the law ministry which forwarded a summary to the federal cabinet seeking approval of the same.

The court noted that prior to the issuance of the notification for conducting the trial in jail, the Special Court judge had not passed any order for holding proceedings or trial in jail against which a revision could be preferred.

The court observed: “There is nothing on the record to show that prior to the notifications dated 12.09.2023, 25.09.2023, 03.10.2023, and 13.10.2023, any sanction of the Federal Government (i.e. cabinet) had been obtained through the District Magistrate for conducting the proceedings.

The bench noted lapses on the judge’s part and observed he “was expected to exercise vigilance by satisfying himself that all requirements of Section 352 CrPC and Rule 3 of LHC Rules had been fulfilled before he decided to hold court in jail premises”.

The court order cited English judgements and noted that these emphasize that “the open court principle is a hallmark of democratic society and applies to all judicial proceedings. This principle has long been recognised as a cornerstone of the common law.

Public access to courts guarantees integrity of judicial process by demonstrating that justice is administered in a non-arbitrary manner, according to the rule of law“.

Source : Dawn News
Such is the fear of filing and prosecuting a totally fake case, the judge banned any mention of the case proceedings in the media.
 
PTI says Shah Mehmood Qureshi arrested after being released from Adiala jail

The PTI said on Wednesday that Vice Chairman Shah Mahmood Qureshi, who was granted bail in the cipher case by the Supreme Court last week, was arrested outside the Adiala jail.

On Friday, the top court had granted bail to former prime minister Imran Khan and his close aide Qureshi in the cipher case and told to submit surety bonds worth Rs1 million each. Qureshi’s daughter had said she expected her father would be released as his arrest was not required in any other case.

Yesterday, Qureshi’s family had arrived at Adiala jail to pay his surety bond but before they could obtain the robkar (release order), it emerged that Rawalpindi Deputy Commissioner (DC) Hassan Waqar Cheema had issued an order for the former foreign minister’s 15-day detention under Section 3 of the Maintenance of Public Order (MPO).

Section 3 of MPO empowers the government to arrest and detain suspected persons. It states: “The government, if satisfied that with a view to preventing any person from acting in any manner prejudicial to public safety or the maintenance of public order, it is necessary to do, may, by an order in writing, direct the arrest and detention in such custody […] and [the] government, if satisfied that for the aforesaid reasons, it is necessary so to do, may extend from time to time the period of such detention, for a period not exceeding six months at a time.”

In a post on X today, the PTI said that the order issued yesterday by the Rawalpindi DC for Qureshi’s 15-day detention had been withdrawn.

Police have not yet responded to Dawn.com’s request for a comment regarding the case in which the PTI leader was taken into custody.

The party also shared footage of Qureshi being put inside a police van. Meanwhile, footage aired on television showed him being dragged by personnel into an armoured police vehicle.

While being forcibly whisked away by police personnel, the PTI leader kept saying he was being arrested illegally. He added that the police were making a mockery of the Supreme Court’s orders and cruelty and injustice were at its peak.

“They are arresting me again in a false case,” he said. “I represented the nation, I am innocent and I am being targeted for political revenge without any reason.”
 
SC dismisses request for immediate hearing of Toshakhana plea

The Supreme Court (SC) dismissed on Wednesday the request to immediately hear the plea challenging the disqualification of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in the Toshakhana case.

However, there is an indication that the appeal filed by the PTI for a level-playing field in elections is expected to be scheduled for hearing tomorrow.

The two matters were brought before acting Chief Justice Sardar Tariq Masood today.

Petitioner's counsel Shahbaz Khosa urged the formation of a three-member bench to hear the disqualification case in the Toshakhana matter.

However, Justice Masood noted that only two judges were available in Islamabad, emphasising the need for a three-member bench for the Toshakhana case. Hence, a hearing on the Toshakhana disqualification case would not be feasible this week, the acting CJ added.

Justice Athar Minallah highlighted that the suspension of the disqualification will not lead to the former premier's sentence being suspended. "The petition in front of us maintains that since the decision of the case has been suspended, the sentence [awarded to Imran] should also be done away," he said, adding that such a decision is unprecedented in Pakistan's legal history.

Khosa referred to the case against Makhdoom Javed Hashmi in which he claimed the veteran politician's conviction was also suspended along with the decision of the case. Underscoring the three-year disqualification imposed on the PTI's founder, the lawyer emphasised on how judge Humayun Dilaawar - who adjudicated on the Toshakhana case - swiftly conducted five hearings in a single day.

Justice Masood clarified that a two-member bench could only reject the request, asking the petitioner's counsel if the court should to that? He said a two-member bench will be unable to provide interim relief, as the decision rested with the division bench in the high court.

"What if the case involves crucial points requiring a five-member bench," Justice Masood stated, adding that Chief Justice Qazi Faez Isa will be back in court next week.

The lawyer persisted, suggesting that the court could form a bench without a cause list. In response, Justice Tariq Masood stated, "We can't form a bench here. Tell us who to call for a hearing?" The judges left the courtroom, concluding proceedings in the chamber.

Earlier, Justice Athar Minallah remarked that there were very serious allegations in the application. Advocate Khosa responded that had the case been filed on time, today's emergency situation could have been avoided.

Justice Masood stated that only a three-member bench will hear the case, whereas the contempt of court petition related to the plea concerning level-playing field in the upcoming elections could be scheduled for hearing tomorrow.

Imran looks to SC

A day earlier, Imran petitioned the apex court requesting the annulment of his conviction in the Toshakhana case and challenging the verdict of the trial court.

Imran appealed against the Islamabad High Court's (IHC) decision, emphasising that challenging this ruling is his prerogative and argued that being declared ineligible before the elections infringes upon his fundamental rights.

The PTI founder raised concerns about the election commission's swift decision which he contended displayed bias.

Imran requested the apex court to nullify the IHC decision and suspend the sentencing in the Toshakhana case.

Expressing the urgency of the matter, the PTI founder urged the apex court to expedite proceedings, emphasising on the upcoming general elections. He stressed that the leader of the country's “largest political party” should not be excluded from participating in the electoral process and requested the suspension of the decision in the Toshakhana case to enable his participation.

Source: Express Tribune

 
Pakistan has become such a joke. It’s utter chaos there. No rule or law no order and no constitutional integrity.

I feel horrible for people living there seeing this happen in front of their eyes and feeling helpless to do anything about it.
 
As per details, Punjab police rearrested Shah Mahmood Qureshi after his release from Adiala Jail on bail in cipher case.

The release came after police pleaded to end the 15-day detention orders of the former foreign minister under 3-MPO.

The former foreign minister was arrested by RA Bazaar police in a General Headquarters (GHQ) attack case.

Yesterday, Pakistan Tehreek-e-Insaf (PTI) Vice President Shah Mahmood Qureshi was detained in Rawalpindi’s Adiala Jail for 15 days under 3-MPO.



Source: ARY News
 
The Islamabad High Court (IHC) revoked the stay order on Thursday in the cypher case trial, declaring all proceedings after December 14 null and void.

Justice Miangul Hassan Aurangzeb heard the appeal against the in-camera trial of PTI founder and former prime minister Imran Khan in the cypher case.

The IHC had stopped the trial of the case till January 11.

During today's hearing, Attorney General of Pakistan (AGP) Mansoor Usman Awan and Imran's lawyer Salman Akram Raja appeared in court.

Following the AGP's arguments, Raja maintained that the proceedings after the December 14 order should be declared null and void as the order was incorrect.

The special court hearing the cypher case had on December 14 accepted the Federal Investigation Agency’s (FIA) plea seeking an in-camera trial of the former premier and former foreign minister Shah Mehmood Qureshi, his co-accused. The plea was accepted despite the IHC's earlier order calling for the trial to be heard in open court.

Justice Aurangzeb then told the AGP that if he wanted the proceedings to start again, then he should do it from the date the order was passed. A relevant order will also be issued in this regard.

AGP Awan assured to start the proceedings again, adding that 13 witnesses were ready to have their statements recorded again.

Later, the court annulled all proceedings of the cypher case trial after December 14 and cancelled the stay order.

In the previous hearing, the court noted that the in-camera statements of the remaining nine witnesses were not in accordance with law and must be examined. According to the AGP, the statements of 12 witnesses were recorded in an open trial after December 21.

The order read that an open trial could not be conducted in-camera on the mere request of the prosecution.

The order stated that the re-recording of the testimonies of the nine witnesses in the in-camera trial would be considered in the final judgment.

The IHC noted that in the cypher trial, the special court released the certified copies of witnesses’ statements. It added that the IHC would examine from the certified copies whether any damage could be caused to the state or not.

Earlier during the hearing, Justice Aurangzeb remarked that the SC had declared the material insufficient in its judgment in this case. He added that before the court was a case of first impression and the safety of the state should not be compromised.

Source: Express Tribune

 
The Islamabad High Court (IHC) on Thursday withdrew its stay order on former premier Imran Khan’s in-camera cipher trial after the state counsel assured that the witnesses’ statements would be recorded afresh.

The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.

Last month, Justice Miangul Hasan Aurangzeb had restrained the special court from proceeding against the suspects — including former foreign minister Shah Mahmood Qureshi — till January 11, noting that there were “legal errors” in the case.

The decision had come on Imran’s petition challenging the trial — being conducted at Adiala Jail — and subsequent developments, including the framing of charges and a gag order on the media.

The Special Court (Official Secrets Act) had begun the cipher trial afresh last month at the Adiala district jail after Imran and Qureshi were indicted for a second time in the case on December 13.

The former premier and his aide Qureshi, who is also behind bars, were first indicted in the case in October. Both had pleaded not guilty. The IHC had termed the government’s notification for a jail trial “erroneous” and scrapped the entire proceedings.

Last month, the Supreme Court had approved the post-arrest bails of Imran and Qureshi. While Imran remains incarcerated in other cases, Qureshi’s expected release was also stalled as he was manhandled and re-arrested in a fresh May 9 case.

Today, Justice Aurangzeb presided over the hearing, during which Attorney General for Pakistan Mansoor (AGP) Usman Awan appeared before the judge on court orders.

Salman Akram Raja was present as Imran’s counsel while Sikander Zulqarnain and others also appeared before the court. The FIA sought the services of Justice (rtd) Hamid Ali Shah for assistance in the case.

Source : Dawn News
 
‘Can’t say if Imran waved cipher at rally’

ISLAMABAD: Azam Khan, former principal secretary to ex-prime minister Imran Khan, asserted that his statements recorded under Section 161 and Section 164 of the Code of Criminal Procedure (CrPC) in the diplomatic cipher case were not made under oath.

"My statement under Section 161 of the CrPC was recorded by the IO [investigation officer], and my statement under Section 164 of the CrPC was recorded by the Magistrate without an oath," Khan stated in his written testimony before a special court on January 18.

Azam Khan is one of the prosecution witnesses in the case filed by the Federal Investigation Agency (FIA) in August last year against former prime minister Imran Khan and former foreign minister Shah Mahmood Qureshi. The FIA accuses Imran and Qureshi of manipulating a classified diplomatic cipher before a vote of no confidence that led to the ouster of the PTI-led government in April 2022.

On July 19, 2023, the former PML-N government claimed that Azam Khan had "confessed" before the FIA and a magistrate that Imran Khan used an encrypted diplomatic letter to serve his political goals.

Former Interior Minister Rana Sanaullah, addressing a press conference, declared Azam’s alleged statement as a charge-sheet against the PTI founder.
On Thursday, January 18, Khan appeared in the Special Court holding the trial of Imran and Qureshi inside Adiala Jail under the Official Secrets Act (OSA),

1923 and provided testimony after taking an oath on the Holy Quran at the insistence of the accused. According to the written order of the court, the former bureaucrat admitted that while the statements were not given under oath, each page of the statements was duly signed by him.

In his court testimony, he described how he shared the copy of the cipher telegram with Imran Khan in March 2022 and how the document went missing. The former bureaucrat said the cipher copy was not returned to him by the time he relinquished the position of principal secretary to the PM.

He claimed that Imran Khan misplaced the copy and directed his military secretary and personal staff "a number of times" to search for it, but then the former PM waved a piece of paper in the public rally "implying" that it was the diplomatic cipher.

On March 27, 2022, ahead of the vote of no-confidence, Imran had pulled out a piece of paper—allegedly the cipher—from his pocket and waved it at a public gathering in Islamabad, claiming it was evidence of an "international conspiracy" being hatched to topple his government.

Referring to the incident, Khan, however, clarified that "as he [Imran Khan] did not open or read it [in the rally], therefore, I do not know what the paper was."
 
Another official blames Imran for missing cypher

Another former bureaucrat has testified before a special court that Imran Khan had not returned the copy of a classified diplomatic cypher to the foreign ministry until his ouster as the prime minister in April 2022.

The Special Court is holding trial of Imran Khan and PTI Vice Chairman Shah Mahmood Qureshi inside Rawalpindi’s Adiala Jail for allegedly manipulating the cypher for political gains in March 2022, ahead of a no-confidence motion that resulted in the end of the PTI’s rule.

The court presided over by Judge Abual Hasnat Muhammad Zulqarnain recorded testimonies of four more prosecution witnesses including former foreign secretary Sohail Mahmood on Monday.

In his statement, Mahmood said he retired as the foreign secretary in September 2022. Till that time, the Prime Minister’s Office had not returned the cypher copy to the Ministry of Foreign Affairs, he said.

Earlier, Azam Khan, the former principal secretary of the ex-PM had also told the court that the copy of the cypher had been misplaced by Imran.

In his testimony given in the court on January 18, Azam Khan had claimed that Imran Khan directed his military secretary and personal staff "a number of times" to search for the cypher, but then he waved a piece of paper in the public rally on March 27 "implying" that it was the diplomatic cypher.

Referring to the incident, the former bureaucrat had, however, clarified that "as he [Imran Khan] did not open or read it [in the rally], therefore, I do not know what the paper was."

During the testimony of Sohail Mahmood, when Prosecutor Rizwan Abbasi intervened, Shah Mahmood Qureshi objected, saying that the written statement is already in front of him, and the witness knows what to state.

He expressed respect for the former foreign secretary, calling him an honorable person. Qureshi said he knew what the prosecutor wanted to achieve through these interruptions.



 
Imran, Qureshi engage in ugly altercation with special court judge

The special court is hearing the cipher case against the PTI leaders who face charges of leaking state secrets under the Official Secrets Act and other laws.

It has been holding hearings inside the Adiala jail.

On Saturday, when Judge Hasnat opened the hearing, he found defence lawyers absent from the courtroom.

The judge expressed his displeasure over the absence of lawyers and issued a warning — a third in the case so far.

Meanwhile, Qureshi snatched a file from the state defence counsel and threw it on the wall.

The former foreign minister also tried to engage the judge in an altercation.

Judge Hasnat warned Qureshi for his conduct.

This was when the former prime minister also used strong words for the judge.

The lawyers for Khan and Qureshi have been absent from the court for the past several hearings, prompting Judge Hasnat to write to the high court, which has provided state counsel to both accused.

While responding to the judge, Khan wondered how the lawyers would represent them in whom they had no trust.

He went on to describe it as a “joke”, adding that for the past three months, he has been asking for permission to meet his lawyers.

Permission was not being granted despite filing a request for several times, he said and informed the court that the case could not proceed without discussion.

To the bitter tone of Khan, the judge remarked that he had given the maximum relief to him. Hasnat added that the application related to providing a bicycle or meeting lawyers had been approved.

According to the judge’s record, there were 75 applications related to meetings.

Source: AAJ News

 
The special court formed to hear cases under the Official Secrets Act appointed on Saturday state counsels for former premier Imran Khan and former foreign minister Shah Mahmood Qureshi.

The decision was announced by special court Judge Abul Hasnat Muhammad Zulqarnain after the counsels representing the accused were absent from court proceedings on Friday.

The hearing a day earlier was marred by the counsels' absence and they failed to show up despite a scheduled resumption at noon.

Deliberating on the facts and circumstances, the court emphasised that it provided ample opportunities for the accused's legal representation to be present in court. However, with no senior lawyer appearing on behalf of either Imran or Qureshi, the court had no recourse but to appoint state defence counsel.

An email request for the same was sent to the attorney general Islamabad's office, asking for a list of lawyers who could represent the accused as state counsel.

The court received a response from the AG's office via letter, naming the lawyers who will now represent Imran and Qureshi in the cypher case. Advocate Malik Abdul Rahman will now represent Imran, while Advocate Hazrat Younus will represent Qureshi.

Both advocates will present the case on behalf of the accused and cross-examine the witnesses. The appointed counsels are scheduled to present their arguments on January 27.

Source: Express Tribune

 
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