IHC rejects PTI chairman’s intra-court appeal in cipher case

ISLAMABAD: On Tuesday, the Islamabad High Court (IHC) on Tuesday dismissed an intra-court appeal by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan against his jail trial in the cipher case .

The hearing was presided over by a two-member IHC division bench, Justice Mian Gul Hassan Aurangzeb and Justice Saman Raffat.

Salman Akram Raja, the counsel for the PTI chief, argued before the bench that the federal government lacked the authority to issue a notification for Khan’s detention trial. Raja maintained that the issuance of a jail trial notification was an administrative matter within the jurisdiction of the Islamabad commissioner.

Counsel Raja further noted that a previous IHC single bench had determined that the federal government had the prerogative to select a judge of its choice, emphasizing that these judges were judicial officers, and the federal government should not have the authority to selectively appoint them.

Justice Aurangzeb responded, “In this way, the executive will interfere in the judiciary’s domain.”

The division bench suggested that the IHC chief justice might convene a new bench on the matter after addressing certain objections. However, they clarified that they could not provide interim relief at this time, reserving judgment on the admissibility of the petition for later.

Earlier this month, an IHC single bench had found no apparent malice in conducting Khan’s jail trial in the cipher case, directing him to approach the trial court to address any reservations. This decision was announced by IHC Chief Justice Aamer Farooq following an extended period of hearings.

Imran Khan, the former prime minister, was arrested in August under the Official Secrets Act after his government was ousted in April the previous year through a no-confidence motion. Khan had sought to have his trial for the cipher case held in an open court due to concerns about his security.

The court cited security concerns in deciding to hold Khan’s trial in prison, particularly given Khan’s repeated expressions of apprehension about his safety. In a separate development, Khan and PTI Vice Chairman Shah Mahmood Qureshi were indicted in a case involving the alleged misuse of diplomatic cables for political purposes. Both leaders are currently detained in Adiala Jail, Rawalpindi.