SECURITY REASONS.
ISLAMABAD - Special Court Judge Abual Hasnaat Zulqarnain has ordered open trial of former prime minister and PTI Chairman Imran Khan and former foreign minister and Deputy Chairman PTI Shah Mehmood Qureshi in Adiala Jail on December 1 in the cipher case.
The decision stemmed from the Adiala jail authorities’ inability to comply with the court’s directive to present the former premier at Islamabad’s Federal Judicial Complex (FJC) due to “serious security risks”. “The cipher trial will take place in jail in light of the security report by the superintendent of Adiala Jail,” the court said.
The court, however, said that the proceedings can be attended by anyone who wishes to do so including the journalists.
Imran couldn’t be produced before the court yesterday because of a threat mentioned by Additional IG Operations Islamabad Police, Intelligence Bureau and Special branch in a report submitted by Superintendent Adiala jail.
The cipher case was initiated by Federal Investigation Agency in August, 2023 after Imran Khan violated the sanctity of Cipher Telegram (official secret document) ay a public rally one month before his ouster as prime minister in March, 2022. Imran Khan along with Shah Mehmood Qureshi were indicted in October, 2023 under the official secret act 1923.
Barrister Salman Safdar argued before the court that they were expecting production of both the accused yesterday.
Judge Zulqarnain then asked court staff to bring the correspondence sent by jail authorities regarding production of the accused. Shah Khawar, the prosecutor FIA, read the correspondence which explained that both the accused couldn’t be produced because of security threats mentioned by intelligence reports.
Barrister Salman told the court that it’s the duty of the jail authorities to safely bring prisoners to court.
The judge ordered to see more details about the security threat. endorsing the continuation of the trial within Adiala jail but stipulating that it would transpire in an open court. Citing reservations expressed by the jail authorities and security agencies about the FJC, the court declared that the subsequent hearing, scheduled for December 1, would convene at Adiala Jail as an open court proceeding. It also said that counsels of the accused and five family members of each of the accused are allowed to attend the trial proceedings in jail. Moreover, it said, members of the public and all those who wish to attend the trial proceedings can also to do so, subject to the jail rules and manuals. The trial, initially underway at Adiala Jail, had seen the testimonies of four witnesses, with the fifth undergoing cross-examination. However, following the IHC decision, the special court is now poised to initiate a fresh trial, necessitating the prosecution to submit a new application for the resumption of the trial within the jail premises.
The FIA prosecutor told the court that there are life threats to the accused that’s why they were not produced before the court.
Following a brief deliberation, the special court issued its order endorsing the continuation of the trial within Adiala jail but stipulating that it would transpire in an open court. Citing reservations expressed by the jail authorities and security agencies about the FJC, the court declared that the subsequent hearing, scheduled for December 1, would convene at Adiala Jail as an open court proceeding. It also said that counsels of the accused and five family members of each of the accused are allowed to attend the trial proceedings in jail. Moreover, it said, members of the public and all those who wish to attend the trial proceedings can also to do so, subject to the jail rules and manuals. The trial, initially underway at Adiala Jail, had seen the testimonies of four witnesses, with the fifth undergoing cross-examination. However, following the IHC decision, the special court is now poised to initiate a fresh trial, necessitating the prosecution to submit a new application for the resumption of the trial within the jail premises.
