The Islamabad High Court on Thursday combined former prime minister Imran Khan’s separate petitions seeking to stay the trial court proceedings in the cipher case and dismiss the case altogether.
The cipher case pertains to a diplomatic document that reportedly went missing from Imran’s possession. The PTI alleges that the document contained a threat from the United States to oust Khan from office.
The PTI chief was convicted and sentenced to three years in prison in the Toshakhana graft case on August 5, 2023. He was subsequently shifted to Attock jail, but the IHC later suspended his sentence. However, Khan remained in jail because he was on judicial remand in the cipher case.
On September 26, the IHC accepted Imran’s petition to be shifted to Adiala jail in Rawalpindi from Attock district jail.
On September 30, the Federal Investigation Agency submitted a challan —a charge sheet — in the Special Court established under the Official Secrets Act, naming the former prime minister and former foreign minister Shah Mahmood Qureshi as the principal accused in the cipher case.
Imran has filed several petitions in the IHC, including one seeking to stay his jail trial in the cipher case, another seeking to suspend the Toshakhana verdict, and a third against his indictment in the cipher case.
, which is [set for October 17].
On Thursday, IHC Chief Justice Aamer Farooq took up a separate plea seeking the stay of Imran’s trial in the cipher case and clubbed it with the main plea, wherein he has sought the dismissal of the case and be fixed for hearing.
During the hearing, senior lawyer Sardar Latif Khosa appeared as Imran’s counsel and informed the court that the pleas were seeking the stay of the trial court proceedings and challenging the special court’s order of indictment.
He further said that the matter was pending before the IHC and a verdict had been reserved, adding that the Lahore High Court has also issued a stay order in a case by the FIA.
Khosa reiterated that he had urged the special court to “not hurry” as the matter was pending before the high court.
The lawyer went on to emphasise that he had “plenty of concerns” regarding the application of the Official Secrets Act in the case.
“What security was compromised or which secrecy [sic] was leaked? Bhutto sahib had also made similar remarks in his speech in Raja Bazaar, so what?
“My client is a national hero and the world knows and believes that. Now, he is in jail [while] innocent,” Khosa asserted.
Justice Farooq then asked him if the separate plea should be combined with that seeking dismissal of the case, to which Khosa agreed on the condition that it would be fixed before October 17.
When Justice Farooq inquired what would happen on October 17, the counsel replied, “There would be great unpleasantness on October 17. A trial is under way. Indictment is to take place.”
The chief justice then observed that he would review the matter and issue an order on it, assuring that the pleas would be fixed for hearing before October 17.
