The Islamabad High Court on the intra-court appeal against the jail trial of Pakistan Tehreek-e-Insaf (PTI) chairman and former prime minister Imran Khan and the appointment of a judge in the cipher case declared the jail trial invalid. In its decision, the court said that in exceptional circumstances, the trial can be done in jail, the law…
Islamabad High Court Justice Mian Gul Hasan Aurangzeb and Justice Taman Rifat Imtiaz gave a safe verdict and approved the intra-court appeal against the jail trial of Chairman PTI and the appointment of a judge and declared the August 29 notification of jail trial null and void in the cipher case. .
In its decision, the court said that in exceptional circumstances, the trial can be conducted in jail, as per the law, jail trial can be in camera or open. The judgment further said that the notification of jail trial after the approval of the cabinet on November will not apply retrospectively. Earlier, the High Court heard the intra-court appeal against the jail trial of Chairman TI and the appointment of a judge in the cipher case.
Chairman PTI’s lawyer Salman Akram Raja argued that the judge should pass a clear reasoned order for the jail trial, after which comes the approval stage of the federal government on the request of the chief commissioner, approval from the federal government cabinet. If so then it is necessary to inform the High Court.
Salman Akram Raja said that the judge wrote the last letter on November 8, the judge’s letter is not a judicial order, the judge should pass the judicial order related to the jail trial. The judicial order regarding the jail trial has not come till date, even if the procedure for approval of the cabinet is followed from 12th November, the previous action will be illegal, the notification of 13th November will not be applicable to the past action.
Salman Akram Raja said that in my opinion, the first request on the issue of jail trial comes from the prosecution. You will get the right.
The Registrar High Court said that the process of appointing a judge was initiated by the Islamabad High Court and the trial court judge had also informed the High Court before the jail hearing.
Salman Akram Raja said that all proceedings of jail trial in the cipher case are still illegal, if there is to be a jail trial in the future, bring a judicial order and get approval from the cabinet.
Attorney General Mansoor Usman opined that it is agreed that the prison trial should not be a closed-room trial and that anyone who wants to attend the hearing should be allowed.
The High Court reserved its decision on the intra-court appeal of Chairman PTI in the cipher case, which was heard in the evening.
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2024-09-07 10:11:13