ISLAMABAD   -  The Islamabad High Court (IHC) Monday dismissed Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s petition challenging his jail trial in cipher case and directed him to approach the Special Court in this matter.

A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq announced the verdict which he had reserved earlier in the PTI chief’s plea challenging government’s decision to hold his trial in Adiala Jail in the case registered against him under the Official Secrets Act. In its decision, the court said that the jail trial was “in favour” of the former premier keeping in mind security-related matters. It observed that apparently there was no ill-will in jail trial. 

The bench also mentioned that Imran had voiced his reservations relating to his security “numerous times”. He added that if the PTI chairman had reservations about the jail trial, he may approach the trial court. In this matter, Imran, through Advocate Sher Afzal Marwat had approached the IHC against holding of the cipher case trial in Adiala Jail.

In the petition, he cited the state a respondent. The petitioner had urged the court to restrain the respondents from “issuing any order like the one dated Oct 3 or any order in future for holding trial of Imran Khan in cipher case in Adiala Jail”. .

It had cited the notification issued by the law ministry a day ago, which had allowed Imran’s trial in the cipher case to be held in the Adiala Jail due to security reasons cited by the Interior Division. Separately, the IHC bench also reserved its verdict in Imran’s another petition seeking dismissal of cipher case and bail in this case. Imran’s lawyer Latif Khosa said that former prime minister Imran Khan was the country’s chief executive at that time. He added that the chief executive was empowered by his oath in such a situation. The bench asked Khosa that if there was a law to declassify documents in Pakistan like that in the United States. He answered that this cipher was declassified by the federal cabinet while it was sent to the Foreign Office by Asad Majeed, Pakistan’s then-ambassador to the US.

Khosa contended that Khan was earlier sentenced to three years of imprisonment in the Toshakhana case on August 5, which was suspended on August 28. He added that the PTI chairman was, however, already arrested on August 16 in the cipher case. 

He stated that it turned out that the special court [hearing cipher case] rejected physical remand on August 16 while the court did this in his absence. He also contended that the jail trial took place on August 30, while the hearing was held after the judicial remand. 

He added that they had brought forward the statement of Azam Khan who was missing for three weeks. It is absurd to say that PTI chairman took away the cipher, he said.

Khosa said that the FIA did not give them anything as evidence and is talking about framing the charge on Tuesday (today). He maintained that the nation had expectations from the higher judiciary and he hoped the court would stand up for the protection of citizens’ rights. He also argued that only the code, and not the word cipher, was mentioned in the Official Secrets Act.