- Says those who wish to attend court proceedings would not be stopped
- Jail authorities fail to produce PTI chief in court at FJC, citing security risks
ISLAMABAD: Special Court Judge Abual Hasnat Zulqarnain, hearing the cypher case against PTI Chairman Imran Khan and Vice Chairman Shah Mehmood Qureshi, ruled on Tuesday that the trial proceedings would continue at Adiala jail “in a manner of an open court.”
Earlier, Adiala jail authorities failed to present the former premier before the special court at Islamabad’s Federal Judicial Complex (FJC) as per the orders of the same court’s judge, citing “serious security risks to the lilfe of PTI chief”.
The Special Court has started hearing the cypher case registered under the Official Secrets Act against former prime minister and PTI Chairman Imran Khan and ex-foreign minister Shah Mehmood Qureshi at the Federal Judicial Complex (FJC) after the Islamabad High Court declared the jail trial as null and void.
On Tuesday as the proceedings started, the jail authorities presented a letter of Adiala Jail Superintendent to the court informing that the jail authorities could not present PTI Chairman Imran Khan in the court.
The PTI chairman’s lawyer Salman Safdar and FIA Prosecutor Shah Khawar and Zulfiqar Abbas Naqvi appeared in the court.
Last week, Judge Zulqarnain had issued directives that the PTI chief and former foreign minister Shah Mehmood Qureshi be presented at the FJC.
The cypher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister. The former premier and his aide Qureshi, who is also behind bars, were indicted in the case on Oct 23. Both have pleaded not guilty.
The trial was being held at Adiala Jail and four witnesses had already recorded their statements, with the fifth being cross-examined when an Islamabad High Court division bench had termed the government’s notification for jail trial “erroneous” and scrapped the entire proceedings.
As a result of the judgement, the special court would now start a fresh trial while the prosecution would have to file a fresh application to conduct the trial in jail.
The letter read that according to reports by intelligence agencies and the police, the PTI chairman faces life threats. It further said, “It has been informed that the PTI chairman faces security risks of a serious scale”.
At which, Advocate Salman Safdar urged the court to adjourn the hearing indefinitely and grant his client bail while Qureshi’s counsel Bukhari requested the court to issue directives for his client to be presented before the court.
After a brief while, the special court announced its order on the report submitted by the jail officials, approving the jail trial but saying it would be held in an open court.
The court noted that the jail authorities and security agencies had expressed their reservations about holding the trial at the FJC. Therefore, the next hearing would be held at Adiala jail and would be an open court, the order stated.
The special court stated that those who wished to attend the court proceedings would not be stopped from doing so and that journalists would also be permitted to witness the case.
It further said that five family members of each suspect would also be allowed inside the courtroom. The hearing was adjourned till Dec 1 (Friday).
At the outset of the hearing, Safdar informed the court that there were “two separate matters” pending before the court for on Tuesday.
“We had hoped that the PTI chairman would be presented before the court today but he has not been yet,” the lawyer lamented.
During the hearing, the jail authorities submitted their report to the court, which Judge Zulqarnain reviewed. The judge then said, “The jail officials are saying that he (Imran) cannot be presented.”
The jail officials then informed the court they had written a letter to the Islamabad police, requesting additional security. The police’s report was also submitted to the court along with the jail’s.
Here, Safdar said it was the “jail authorities’ responsibility to present the suspect before the court” and that they could not “ignore” doing so. The counsel then read out aloud the Islamabad High Court’s order wherein it had declared Imran’s jail trial “null and void”.
The lawyer stated that he had been requesting the court to “first decide where the trial would be held” but was asked whether there was a “stay order whenever I said something”.
“However they do, they must present the PTI chairman [before the court] today,” Safdar insisted. “On what intelligence agency’s basis are they saying that there are threats to his life? When we used to say his life is in danger, we were told to reach anyways.”
The counsel asserted that the IHC’s and the special court’s orders were being violated.
The lawyer then read out the report, which stated that the capital police had written a letter to the jail officials, apprising them of security risks. He then asked why Qureshi was not presented yet as the letter was only limited to Imran.
“If there are security threats, then please adjourn this hearing for an indefinite period. If the case cannot proceed in jail [and] they (jail officials) are not willing to proceed it here, then the suspect may be given bail,” Safdar said.
He said that he appeared in 50 to 60 cases along with Imran Khan in the courts. What terror incident has happened now that Imran could not be produced in the court, the lawyer said adding that the superintendent of Adiala Jail has violated the order of the Islamabad High Court.
At this point during the hearing, Qureshi’s lawyer Bukhari began presenting his arguments. He noted that Khawar, the FIA prosecutor, had “read the jail superintendent’s letter himself”, and asked why his client had not been presented before the court.
“Neither has any charge been framed yet, nor has any copy [of charge sheet] been distributed. Then why has he been kept inside [the jail]?” the counsel asked.
Bukhari then urged the court to issue directives for his client to be presented before the court, emphasising that it was “necessary” to present the suspect in an open trial and a “legal responsibility” to do so.
“It is the court’s responsibility to ensure the suspects’ production before the court,” he argued. “If court orders are not obeyed, you have the authority to send government officials to jail,” the advocate said while addressing the judge.
Judge Zulqarnain then said he would issue an “appropriate order” on the matter. He asked whether the court had summoned the suspects, to which an FIA prosecutor replied in the affirmative.
“No matter how many notifications you bring, it does not matter. The public and the media should have access to the court,” the judge observed.
He then asked, “I am using the word “wish” that whoever wishes to hear the case, can we allow them?” At this, Barrister Safdar said, “Who is the jail superintendent to decide on your behalf?”
To this, the FIA prosecutor asserted that a jail trial could be held “while fulfilling all legal requirements”. He argued that the IHC had not declared the special court’s proceedings “illegal”. He further said it was up to the court to decide where the trial would be held and how many people would be permitted inside the courtroom in the case of a jail trial. At this point during the hearing, Judge Zulqarnain said, “It does not matter to the court where the trial is held. The court wants that for those who want to attend the trial, what can be done for them?”
