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A special court formed under the Official Secrets Act on Thursday directed authorities concerned to present Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Vice-Chairman Shah Mahmood Qureshi at the Federal Judicial Complex (FJC) in Islamabad on Nov. 28 to commence proceedings in the cipher case.
In today’s hearing—the first held outside Adiala Jail after an Islamabad High Court ruling nullified the Aug. 29 notification of a jail trial for the accused—Judge Abual Hasnat Zulqarnain asked court staff to provide him with a copy of the IHC ruling, telling Qureshi’s lawyer this was a “major victory” for his client. He then observed that the trial would now begin from its position prior to Aug. 29.
Since Aug. 29, charges had been framed against both accused, they had been indicted, and four witnesses had already recorded their statements, while a fifth was being cross-examined. However, in a ruling on an intra-court appeal against the jail trial, a division bench of the IHC earlier this week termed the law ministry’s notification for a jail trial “erroneous” and scrapped the proceedings. With the trial starting fresh, the prosecution would be required to file a new application if it wishes for the trial to be conducted in jail, rather than at the FJC. The IHC ruling has acknowledged that a jail trial is permissible in “exceptional circumstance”—but stressed that this could only occur if proper procedure were followed. The cabinet, it said, cannot provide retrospective approval of a jail trial.
Reportedly, the trial would be expedited because an earlier IHC order had directed the special court to conclude proceedings in the cipher case within a month. That ruling has not been challenged and remains in the field.
The cipher case trial was being conducted at the Adiala Jail due to security concerns. It pertains to a classified document that the Federal Investigation Agency (FIA) alleges was retained by Khan and “misused” for political gains. The FIA has further alleged that Khan “damaged” Pakistan’s interests by sharing the contents of the cipher in a public rally last year.