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Govt moves SC against IHC verdict nullifying Imran Khan’s jail trial in cipher case

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ISLAMABAD – The federal government on Friday challenged the Islamabad High Court’s (IHC) ruling to declare its notification regarding the jail trial Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in cipher case as null and void.

The high court in its November 21, 2023 verdict had invalidated the notification that had allowed the jail trial of the former premier, who is currently incarcerated in Adiala Jail, in the cipher case.

A bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz had announced the decision on an intra-court appeal against a single-member bench’s ruling to approve his jail trial under the Official Secrets Act, 1923.

The federal government in its petition requested the apex court to overturn the IHC verdict, arguing that the high court did not evaluate the facts in the case properly.

It added that the IHC could not declare a special court formed to hear the cipher case invalid.

The division bench had declared the law ministry’s notification “to be without lawful authority and no legal effect”.

“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,” it said while declaring the government’s Nov 15 notification null and void.

Subsequently, Imran’s cipher trial was started afresh but the IHC invalidated all the proceedings in the cipher case after December 14, 2023.

Let it be known that PTI founder Imran Khan and ex-foreign minister Shah Mahmood Qureshi were indicted in a cipher case on December 12. The proceedings in the cipher case against the two were held in Adiala Jail, Rawalpindi, under the Official Secrets Act.

Both politicians have denied the allegations of misusing the classified diplomatic cable for their personal interests.

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