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A Special Court formed under the Official Secrets Act on Friday said it would conduct the cipher trial against former prime minister Imran Khan and ex-foreign minister Shah Mahmood Qureshi at Adiala Jail tomorrow (Saturday) after the law ministry issued a notification allowing the same.
While Khan and Qureshi were indicted on Oct. 23—pleading not guilty—and the court had recorded four witness testimonies, the trial would now start from scratch after the Islamabad High Court scrapped all proceedings after August due to an “erroneous” government notification for a jail trial. The ruling had also called for an “open” trial, with the participation of media and families of both accused.
Earlier this week, Special Court Judge Abual Hasnat Zulqarnain had ruled the trial proceedings would continue at Adiala Jail—where both accused are incarcerated—due to security concerns, adding it would be an “open court” where the families of the accused; media personnel; and any one “wishing” to attend proceedings could do so.
In today’s hearing, the judge asked the court staff if a notification of the jail trial had been obtained. After being told the law ministry had yet to submit it, he observed the court would wait to see if it was received before issuing any order. If no notification were issued, he remarked, he would issue production orders for Khan and Qureshi to be presented before the Special Court at the Federal Judicial Complex.
To this, the defense lawyers argued that both PTI leaders should be presented before the court, with Qureshi’s counsel noting there were no security concerns for his client. However, the judge observed that as a co-accused, Qureshi could not be produced independently without the prime suspect.
Khan’s lawyer also questioned the conduct of a jail trial, noting media coverage would be restricted as it was a “prohibited” place. To this, the judge assured the counsel that media would be present in the hearing, adding “not only will justice be done, but it will be seen as well.”
The court then took a brief recess, after which the judge announced that the law ministry’s notification, dated Nov. 29, had reached the court and adjourned the hearing until tomorrow (Saturday), adding that the IHC also had to be informed.
The cipher case pertains to a diplomatic document that the Federal Investigation Agency alleges was never retained by Khan while he was prime minister and never returned to the Foreign Office. The case contends that the PTI “misused” the classified document for political gains, adding it had hurt the national interest. The PTI denies these charges, maintaining it was Khan’s “duty” as prime minister to inform the public of a “conspiracy” to oust his government.