ISLAMABAD A division bench of Islamabad High Court (IHC) Tuesday issued a stay order against jail trial of chairman PTI in cipher case registered under Official Secrets Act.
A two-judge bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Raffat Imtiaz heard the intra court appeal (ICA) of chairman PTI against his jail trial.
Attorney General of Pakistan Mansoor Usman Awan and petitioner’s Lawyer Salman Akram Raja gave arguments during the proceeding.
At the outset of hearing, Justice Miangul Hassan remarked that the way adopted the framed charges against chairman PTI was not declared the proceeding of an open court.
Granting permission to few family members of accused to attend the trial proceeding did not mean that it was open court, he said.
The attorney general argued that the federal cabinet had given the approval for the jail trial of chairman PTI in cipher case, adding that the notification in that regard would also be produced.
Justice Miangul Hassan remarked that the court woul
d view the content of the notification when it would be produced.
He, however, said that all trials should be conducted in open court, adding that the jail trial of chairman PTI would be extraordinary trial.
The bench remarked that it wanted to know that what were the extraordinary circumstances behind to run the trial of accused in jail.
Justice Aurangzeb noted that the federal cabinet had given the approval of jail trial just two days ago and asked that what was the reason for this decision.
He questioned that what would be the status of the proceeding of the trial court which took place before the approval of cabinet.
Justice Miangul Hassan remarked that apparently the all three notifications were not as per the rules of IHC.
The AGP contended that it was not extraordinary trial instead it was normal proceeding.
He said that he would produce all the relevant record to the bench after collecting it.
Lawyer Salman Akram Raja said that five witnesses also produced today before the trial court to recor
d their statements.
After hearing arguments, the bench issues stay order against the jail trial of chairman PTI and adjourned the case till November 16.
It may be mentioned here that previously, the single member bench had declared the jail trial of chairman PTI as legal while dismissing his petition.