The court rejected Imran Khan's intra-court appeal while declaring the jail trial null and void in the cipher case
The Islamabad High Court declared the notification of jail trial in the cipher case as illegal. According to the details, in the court decision, the August 29 notification of the jail trial in the cipher case against Chairman PTI is illegal and by accepting Imran Khan's intra-court appeal against the jail trial, the jail trial of the cipher case will be held from August 29 to November 15. However, the appointment of the judge of the Official Secrets Act has been declared valid, in this regard, the division bench of the Islamabad High Court had reserved the decision today after the completion of the hearing, which has now been issued.
The Islamabad High Court has said in its decision that in exceptional circumstances, a trial can be conducted inside the jail, but under the law, the jail trial can be open or in camera and after the cabinet approval on November 13, the notification of the jail trial will not be applicable.
It has been reported that on Imran Khan's appeal, Justice Mian Gul Hassan Aurangzeb and Justice Thaman Rifat Imtiaz completed the hearing and reserved the decision, where the arguments of the former prime minister's lawyer, Salman Akram Raja, were completed today, after which the Attorney General from the Federation. Mansoor Awan and the FIA prosecutor also completed their arguments, after which the court reserved judgment on the intra-court appeal against Imran Khan's jail trial.
During today's hearing in the cipher case, Imran Khan's lawyer Salman Akram Raja opened the arguments and said that the trial judge has to exercise this power for a jail trial under Section 352 of the Cr.P.C. Then the request goes to the Federal Government through the District Magistrate (Commissioner), the matter has to be placed before the Cabinet and the High Court also has to be informed about this process, the judge for the jail trial in the cipher case has to issue a judicial order regarding the jail trial. It should have been passed which has not happened till date.
It has been learned that Salman Akram Raja in his argument on the effects of the cabinet decision said that the decision of the cabinet does not apply to the past, for the jail trial the trial judge has to decide first and issue the order. , the letter of the trial court judge cannot be called a decision or a decree, the judge shows his mind by the decision, even if it is accepted that if the procedure for approval of the cabinet is followed from November 12, the earlier action will be illegal.