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IHC to hold open court hearing on Imran Khan’s bail plea in cipher case

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  • FIA sought in-camera hearings, citing privileged, sensitive documents and information.
  • Court asks prosecution to move appropriate request for in-camera hearings.
  • “PTI counsel has no objection to barring unnecessary people,” order reads.

ISLAMABAD: The Islamabad High Court (IHC) Tuesday ruled that the next hearing of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s bail plea in the cipher case will take place in an open court.

IHC Chief Justice Aamer Farooq issued a two-page written order in response to the prosecution’s request for in-camera proceedings.

The Federal Investigation Agency (FIA) had initially sought closed-door hearings, citing the presence of “privileged” and “sensitive” documents and information.

The court has, consequently, instructed the FIA prosecutors to submit a separate petition for in-camera proceedings during the upcoming hearing.

The order further said that the special prosecutor for the agency had contended that when the bail application before the trial court was argued, the public was isolated, however, the official conceded that the petitioner argued its case in open court.

However, the order mentioned that the PTI counsel said he had no objection if unnecessary people were barred from the courtroom.

The FIA prosecutors, in their request, also mentioned that the hearing of the case in the special trial court was also held in-camera and unauthorised people were asked to leave the courtroom.

“Be that as it may, Section 14 of the Official Secret Act, 1923 permits exclusion of the public from the proceedings, however, the reading of the section shows that if such is to be undertaken, the prosecution has to make an application,” it added.

The court mentioned that the prosecution may move an appropriate application if it is interested in the public’s exclusion from the proceedings.

Attock jail notification declared ‘null and void’

In a separate hearing, the IHC declared null and void the authorities’ notification to keep PTI chairman in Attock jail.

In a written order, IHC Chief Justice Aamir Farooq approved the request to transfer Khan to Adiala jail. The court stated that the PTI chief had been sentenced to three years in the Toshakhana case.

The trial court had directed to keeping the PTI chief in Adiala Jail, but due to security concerns, he was transferred to the Attock jail to complete his sentence on the recommendation of the Inspector General of Prisons.

Despite the suspension of his sentence in the Toshakhana case by the IHC on August 28, the former prime minister remained incarcerated in the prison as he was also arrested in the cipher case.

The additional advocate general of Punjab stated that shifting Khan to Adiala jail poses a security risk. Under-trial prisoners of all cases registered in the federal capital are kept in the Adiala jail, while only convicted prisoners can be shifted to any jail in Punjab.

The court said that Khan, as a former prime minister, is entitled to better class facilities in jail.

In its written order, the court stated that the PTI chairman’s lawyer had requested the provision of gym equipment to his client in jail; however, the court said it cannot issue such instructions because it is not clear whether such facilities are allowed or not.

The superintendent jail, the court said, is the authorised authority in this regard, and appropriate requests should be filed with them.

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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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