{"id":10687,"date":"2023-10-04T09:14:05","date_gmt":"2023-10-04T09:14:05","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/lawyer-terms-in-camera-trial-proceedings-of-imran-qureshi-in-cipher-case-unconstitutional\/"},"modified":"2023-10-04T09:14:05","modified_gmt":"2023-10-04T09:14:05","slug":"lawyer-terms-in-camera-trial-proceedings-of-imran-qureshi-in-cipher-case-unconstitutional","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/lawyer-terms-in-camera-trial-proceedings-of-imran-qureshi-in-cipher-case-unconstitutional\/","title":{"rendered":"Lawyer terms in-camera trial proceedings of Imran, Qureshi in cipher case \u2018unconstitutional\u2019"},"content":{"rendered":"<p><\/p>\n<div dir=\"auto\">\n<p>PTI lawyer Barrister Salman Safdar on Wednesday termed the in-camera trial of former premier Imran Khan and former foreign minister Shah Mahmood Qureshi in the <a href=\"https:\/\/www.dawn.com\/news\/1771179\">cipher case<\/a> \u201cunconstitutional\u201d.<\/p>\n<p>He made the remarks while talking to the media outside Adiala jail, where the special court presided over a hearing of the cipher case.<\/p>\n<p>The cipher case pertains to a <a href=\"https:\/\/www.dawn.com\/news\/1769320\/leaked-cipher-hints-at-us-pressure-over-russia-visit\">diplomatic document<\/a> which <a href=\"https:\/\/www.dawn.com\/news\/1712744\">reportedly<\/a> went missing from Imran\u2019s possession. The PTI <a href=\"https:\/\/www.dawn.com\/news\/1682104\">alleges<\/a> that it contained a threat from the United States to oust the party chairman from office.<\/p>\n<p>Imran was shifted to Attock jail on August 5, 2023, after a court <a href=\"https:\/\/www.dawn.com\/news\/1768528\/imran-arrested-after-islamabad-court-finds-him-guilty-of-corrupt-practices-in-toshakhana-case\">sentenced<\/a> him to three years in prison in the Toshakhana graft case. Following the <a href=\"https:\/\/www.dawn.com\/news\/1772860\/imrans-toshakhana-sentence-suspended-but-detention-at-attock-jail-to-continue-in-cipher-case\">suspension<\/a> of the sentence, it had <a href=\"https:\/\/www.dawn.com\/news\/1773063\">emerged<\/a> that he had been on judicial remand in the cipher case.<\/p>\n<p>On September 26, both PTI leaders\u2019 judicial remand was extended until October 10 and as per the <a href=\"https:\/\/www.dawn.com\/news\/1777797\/ihc-cj-orders-imran-be-shifted-to-adiala-jail\">IHC\u2019s orders<\/a>, the PTI chief was <a href=\"https:\/\/www.dawn.com\/news\/1777973\/pti-chief-shifted-to-adiala-jail-in-rawalpindi-on-court-orders\">shifted<\/a> to Rawalpindi\u2019s Adiala jail from Attock district jail.<\/p>\n<p>On September 30, the FIA <a href=\"https:\/\/www.dawn.com\/news\/1778704\">submitted<\/a> a challan (charge sheet) in the Special Court <a href=\"https:\/\/www.dawn.com\/news\/1771455\">established<\/a> under the Official Secrets Act, declaring Imran and Qureshi as <a href=\"https:\/\/www.dawn.com\/news\/1778704\">principal accused<\/a> in the cipher case.<\/p>\n<p>Earlier this week, the police also <a href=\"https:\/\/www.dawn.com\/news\/1778772\">ramped up security<\/a> in the vicinity of the Adiala jail by deploying elite commandos and setting up additional security pickets.<\/p>\n<p>A day ago, the Ministry of Law and Justice <a href=\"https:\/\/www.dawn.com\/news\/1779206\">issued a notification<\/a> for the jail trial of the ex-premier and former foreign minister in the cipher case.<\/p>\n<p>The notification cited the request of Judge Special Court (Official Secrets Act) and stated that the \u201cLaw and Justice Division has \u2018No Objection\u2019 to the jail trial of the accused in which he is confined, under the Official Secrets Act.\u201d<\/p>\n<p>However, the PTI rejected the law ministry\u2019s notification to hold the party chairman\u2019s trial in Adiala jail, insisting that the case be heard in an open court.<\/p>\n<p>Prior to today\u2019s hearing, Imran\u2019s lawyer Naeem Haider Panjutha said that the legal team was to meet the party chief shortly.<\/p>\n<p>Special Court Judge Abual Hasnat Zulqarnain presided over today\u2019s hearing at Adiala jail, where Imran and Qureshi are currently incarcerated.<\/p>\n<p>Both politicians were then presented before the court, where copies of the challan (charge sheet) of the case were to be distributed among the suspects.<\/p>\n<p>However, according to Barrister Salman Safdar, who is one of Imran\u2019s counsels, the PTI\u2019s legal team requested the court to adjourn the hearing today as a <a href=\"https:\/\/www.dawn.com\/news\/1775465\">relevant plea<\/a> was also pending before the Islamabad High Court (IHC).<\/p>\n<p>Subsequently, the hearing was adjourned until October 9 and the copies of the charge sheet were not distributed to the suspects today.<\/p>\n<p>Speaking to the media outside the jail, Safdar asserted that \u201cImran\u2019s arrest and remand in the case were also kept secret and now, this trial is being kept secret as well\u201d.<\/p>\n<p>\u201cThe trial should not be held behind closed doors. It is unconstitutional,\u201d he asserted as he demanded transparency and an open hearing of the case. The lawyer said a closed trial would be in violation of Article 10A (right to fair trial) of the Constitution.<\/p>\n<p>\u201cImposing a complete ban on evidence, the public, relatives [and] even lawyers, that only one or two lawyers are [allowed] to come [\u2026],\u201d the barrister said. He claimed that the trial was being held in a \u201cvery small courtroom\u201d.<\/p>\n<p>Safdar suggested that in-camera proceedings could be considered for a portion \u201cwhere the judge deemed it necessary, but not for the entire proceedings\u201d.<\/p>\n<p>Confirming that a meeting of the lawyers with the detained ex-premier was allowed for a short while today, Safdar said that the PTI chief barred him from \u201cmaking any kind of deal\u201d. \u201cThe PTI chairman took Donald Lu\u2019s name,\u201d he added.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1775465\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Meanwhile, Panjutha, in a post on X (formerly Twitter), said that the legal team requested the court to pause the trial proceedings until there was a verdict on a plea seeking the cancellation of the notification that allowed the special court to be moved to the jail.<\/p>\n<h2><a id=\"ihc-moved-against-jail-trial\" href=\"#ihc-moved-against-jail-trial\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>IHC moved against jail trial<\/h2>\n<p>Also today, Imran, through Advocate Sher Afzal Marwat, approached the IHC against the holding of the cipher case trial in Adiala Jail.<\/p>\n<p>The application, a copy of which is available with <em>Dawn.com<\/em>, made the state a respondent in the case. Its title stated it was filed under section 151 (saving of inherent powers of Court) of the <a rel=\"noopener noreferrer\" target=\"_blank\" class=\"link--external\" href=\"https:\/\/pakistancode.gov.pk\/english\/UY2FqaJw1-apaUY2Fqa-apeb-sg-jjjjjjjjjjjjj\">Code of Civil Procedure, 1908<\/a>.<\/p>\n<p>It urged the court to restrain the respondents from \u201cissuing any order like the one dated Oct 3, 2023 or any order in future for holding trial of Mr Imran Ahmed Khan Niazi in cipher case in Adiala Jail\u201d.<\/p>\n<p>The plea cited the notification issued by the law ministry a day ago, which had allowed Imran\u2019s trial in the cipher case to be held in the Adiala jail due to security reasons cited by the Interior Division.<\/p>\n<p>The notification had stated that the Law and Justice Division had \u201cno objection\u201d to the jail trial of the accused \u201ctill his security clearance\u201d was issued.<\/p>\n<p>Imran\u2019s application to the IHC recalled that the same matter was \u201cdebated\/argued\u201d before the IHC, which it said had to decide the jurisdiction or authority of the law ministry to issue the No-Objection Certificate (NOC) and \u201cto construe as to whether the NOC could be deemed as a binding order\u201d for the special court judge to shift the trial to Adiala Jail.<\/p>\n<p>The plea argued that the \u201cmatter would be rendered infructuous\u201d if the said notification was not suspect or if the respondents were not restrained from issuing an identical order in the future.<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>PTI lawyer Barrister Salman Safdar on Wednesday termed the in-camera trial of former premier Imran Khan and former foreign minister Shah Mahmood Qureshi in the cipher case \u201cunconstitutional\u201d. He made the remarks while talking to the media outside Adiala jail, where the special court presided over a hearing of the cipher case. The cipher case [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":10688,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"fifu_image_url":"https:\/\/i.dawn.com\/large\/2023\/10\/041308200b495b3.png?r=140343","fifu_image_alt":"","footnotes":""},"categories":[13],"tags":[],"class_list":["post-10687","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-top-news"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/10687","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/comments?post=10687"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/10687\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/10688"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=10687"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=10687"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=10687"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}