IHC orders open court hearing of cipher case

ISLAMABAD  -  The Islamabad High Court (IHC) Tuesday ruled that the next hearing of Pakistan Teh­reek-e-Insaf (PTI) Chairman Imran Khan’s bail plea in the cipher case will take place in an open court. The court is­sued its written order and asked the Federal Investigation Agency (FIA) to move an “ap­propriate application” if it want­ed in-camera hearing of the pe­tition in the case. A single bench of IHC comprising Chief Justice of IHC Justice Aamer Farooq issued the two-page written order on the prosecution’s request seeking in-camera proceedings of the case. 

The FIA had requested the court for an in-camera hearing, citing “privileged” and “sensi­tive” documents and informa­tion as a reason. However, the IHC bench in its written order asked the FIA prosecutors to file a separate petition regarding in-camera proceedings at the time of the next hearing.

At the very outset of hearing, the Special Prosecutors for FIA submitted that proceedings of the instant bail application be held in-camera, as there are doc­uments and information which is privileged and sensitive. He also contended that when the bail ap­plication before trial court was argued, the public was isolated, however, conceded that petition­er argued its case in open court.

The counsel for the petitioner submitted that he has no objec­tion, if unnecessary people are excluded. Justice Aamer noted, “Be that as it may, section 14 of the Official Secret Act, 1923 per­mits exclusion of public from the proceedings, however, the read­ing of the Section shows that if such is to be undertaken, the prosecution has to make an ap­plication.” “In case, the prosecu­tion is interested that the public be excluded from the proceed­ings of instant case, it may move an appropriate application in this behalf,” added the IHC CJ.

Earlier, the bench had reserved its verdict whether to hold in-camera proceedings in Im­ran’s petition seeking his post-ar­rest bail in the cipher case.

During the hearing, lawyers Salman Safdar, Niazullah Niazi and Ali Bukhari, among others, appeared as the PTI chief’s coun­sels. Special prosecutors Zulfikar Naqvi and Shah Khawar also ap­peared before the court. Khawar contended before the court that “there were a lot of things that could not be made public before the court.” He adding that the Of­ficial Secrets Act mandated that the hearing be held in-camera.

At this, Justice Farooq noted the matter was not of a criminal appeal but rather a bail petition. Khawar then informed the court that the challan of the cipher case would be ready in a few days. Barrister Safdar argued that the special court judge had held the hearing at the Attock jail due to security reasons, and not due to it being mandated by the Secrets Act. He added that if the court deems so, it can tell irrelevant people to leave the courtroom. To this, Khawar replied that the mat­ter of bail was also part of the ci­pher hearing. Referring to Im­ran and PTI Vice Chairman Shah Mahmood Qureshi, Safdar assert­ed that a former prime minis­ter and a former foreign minister are under arrest and issues are being created in the post-arrest bail plea. Then, Justice Farooq ob­served that he would decide how to proceed with the case after re­viewing the case record and re­served its verdict on the matter.