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Cipher case: IHC rejects Imran Khan’s intra-court appeal against jail trial

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  • Govt not authorised to issue jail trial notification: PTI counsel.
  • IHC chief justice might form new bench on matter: IHC judge.
  • Khan had challenged IHC single bench before division bench.

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday rejected Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s intra-court appeal against his jail trial in the cipher case.

A two-member IHC division bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat presided over the hearing.

PTI chief’s counsel Salman Akram Raja contended before the bench that the federal government did not have the authority to issue a notification for holding Khan’s trial in prison.

He said it was the domain of the Islamabad commissioner to issue jail trial notification which he said was an administrative matter.

Counsel Raja said a single bench of the IHC had declared that the federal government had the prerogative to appoint a judge of its choice.

“They are judicial officers. The federal government does not have any authority to ‘pick and choose’ [judges],” he added.

Responding to this, Justice Aurangzeb said: “In this way, the executive will interfere in the judiciary’s domain.”

The division bench said the IHC chief justice might form a new bench on the matter after a file referred to him after removing objections.

“[But] right now we cannot give you any interim relief,” Justice Aurangzeb said adding that whether the petition is admissible or not will be decided later.

Earlier this month, an IHC single bench found no apparent malice behind conducting Khan’s jail trial in the cipher case, the court’s verdict read and directed him to approach the trial court if reservations persist.

The court’s decision, announced by IHC Chief Justice Aamer Farooq, came in the wake of hearing Khan’s plea challenging his jail trial in the cipher case for days with the judge finally wrapping it up today.

The former premier, whose government was ousted following a no-confidence motion in April last year, wanted his trial in the aforementioned case to be conducted in an open court.

“The jail trial is in favour of the PTI chairman in view of his security,” the court said, adding that Khan himself has repeatedly expressed his fears about his safety.

In view of the security concerns, the authorities decided to hold the PTI chief’s trial in prison after he was arrested in August this year under the Official Secrets Act.

A day earlier, Khan along with PTI Vice Chairman Shah Mahmood Qureshi was indicted in the case involving charges of misusing diplomatic cable for vested and political purposes.

Both the leaders have been imprisoned in Adiala Jail of Rawalpindi.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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