{"id":29287,"date":"2023-11-28T12:44:04","date_gmt":"2023-11-28T12:44:04","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/imrans-cipher-trial-to-continue-in-adiala-jail-in-open-court-says-judge\/"},"modified":"2023-11-28T12:44:04","modified_gmt":"2023-11-28T12:44:04","slug":"imrans-cipher-trial-to-continue-in-adiala-jail-in-open-court-says-judge","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/imrans-cipher-trial-to-continue-in-adiala-jail-in-open-court-says-judge\/","title":{"rendered":"Imran\u2019s cipher trial to continue in Adiala jail in open court, says judge"},"content":{"rendered":"<p><\/p>\n<div dir=\"auto\">\n<p>Special Court Judge Abual Hasnat Zulqarnain, who is hearing the cipher case against PTI Chairman Imran Khan, ruled on Tuesday that the trial proceedings would continue at the Adiala jail but in an open court.<\/p>\n<p>Citing \u201cserious security risks\u201d, Adiala jail authorities failed to present the former premier today before the special court at Islamabad\u2019s Federal Judicial Complex (FJC) as per the <a href=\"https:\/\/www.dawn.com\/news\/1791756\">orders<\/a> of the same court\u2019s judge.<\/p>\n<p>Last week, Judge Zulqarnain had <a href=\"https:\/\/www.dawn.com\/news\/1791756\">issued directives<\/a> that the PTI chief and former foreign minister Shah Mahmood Qureshi be presented at the FJC.<\/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> that the Federal Investigation Agency\u2019s charge sheet alleges was <a href=\"https:\/\/www.dawn.com\/news\/1712744\">never returned<\/a> by Imran. The PTI has <a href=\"https:\/\/www.dawn.com\/news\/1682104\">long held<\/a> that the document contained a threat from the United States to oust Imran as prime minister.<\/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\/1791722\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>The former premier and his aide Qureshi, who is also behind bars, were <a href=\"https:\/\/www.dawn.com\/news\/1783241\/special-court-indicts-imran-qureshi-in-cipher-case\">indicted<\/a> in the case on Oct 23. Both have pleaded not guilty.<\/p>\n<p>The trial was being held at Adiala Jail and four witnesses had already <a href=\"https:\/\/www.dawn.com\/news\/1787431\">recorded<\/a> their statements, with the fifth being cross-examined when an Islamabad High Court division bench had <a href=\"https:\/\/www.dawn.com\/news\/1791390\">termed<\/a> the government\u2019s notification for jail trial \u201cerroneous\u201d and scrapped the entire proceedings.<\/p>\n<p>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.<\/p>\n<p>Police, administration and other departments concerned were to meet on Monday to <a href=\"https:\/\/www.dawn.com\/news\/1792559\">finalise<\/a> a security plan for Imran\u2019s appearance.<\/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\/1791488\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Today, Judge Zulqarnain presided over the hearing at the FJC, where Barrister Salman Safdar appeared as Imran\u2019s counsel while Advocate Ali Bukhari was present as Qureshi\u2019s lawyer. The FIA\u2019s prosecutors Shah Khawar and Zulfikar Abbas Naqvi also appeared before the court.<\/p>\n<p>During the hearing, the jail authorities submitted their report to the court, which Judge Zulqarnain reviewed.<\/p>\n<p>According to reports by intelligence agencies and the police, the PTI chairman faces life threats, the report stated. It further said, \u201cIt has been informed that the PTI chairman faces security risks of a serious scale\u201d.<\/p>\n<p>Safdar urged the court to adjourn the hearing indefinitely and grant his client bail while Qureshi\u2019s counsel Bukhari requested the court to issue directives for his client to be presented before the court.<\/p>\n<p>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.<\/p>\n<p>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 the Adiala jail and would be an open court, the order stated.<\/p>\n<p>The special court stated that those who wished to attend the proceedings would not be stopped from doing so and that journalists would also be permitted to witness the trial.<\/p>\n<p>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).<\/p>\n<p>Speaking to the media outside the court, Imran\u2019s sister Aleema Khanum and Qureshi\u2019s daughter Meher Bano Qureshi said the family members of the two were greatly saddened that the PTI leaders were not brought to court.<\/p>\n<p>Commenting on the reasoning provided by jail officials for not presenting the PTI leaders, Khanum wondered if the president and the prime minister could wander the streets and be provided security then why could the same not be done for the former premier and foreign minister.<\/p>\n<p>\u201cThe order given by the judge today [has effectively] turned into a jail trial again and the only reason is that they (Imran and Qureshi) can not get out in the future.<\/p>\n<p>\u201cIf this is the only way, then we don\u2019t think the two will be allowed to get out of jail for many months. Excuses are being made to keep them in jail,\u201d she said. Khanum also called on all the media to be present at the next hearing.<\/p>\n<p>On the other hand, Meher Bano said the families had the same rights that their relatives be provided security and brought to court.<\/p>\n<p>\u201cYou should ask the question that why are they not being brought to court? The case is the same \u2026 so what will happen if [the two] are brought here? What are they afraid of? What will happen if the people see their faces? Will they gain the courage to ask questions? We are still asking questions right now,\u201d she said.<\/p>\n<h2><a id=\"the-hearing\" href=\"#the-hearing\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>The hearing<\/h2>\n<p>At the outset of the hearing, Safdar informed the court that there were \u201ctwo separate matters\u201d pending before the court for today.<\/p>\n<p>\u201cWe had hoped that the PTI chairman would be presented before the court today but he has not been yet,\u201d the lawyer lamented.<\/p>\n<p>During the hearing, the jail authorities submitted their report to the court, which Judge Zulqarnain reviewed. The judge then said, \u201cThe jail officials are saying that he (Imran) cannot be presented.\u201d<\/p>\n<p>According to reports by intelligence agencies and the police, the PTI chairman faces threats to life, the report stated. It further said, \u201cIt has been informed that the PTI chairman faces security risks of a serious scale\u201d.<\/p>\n<p>The jail officials then informed the court they had written a letter to the Islamabad police, requesting additional security. The police\u2019s report was also submitted to the court along with the jail\u2019s.<\/p>\n<p>Here, Safdar said it was the \u201cjail authorities\u2019 responsibility to present the suspect before the court\u201d and that they could not \u201cignore\u201d doing so. The counsel then read aloud the Islamabad High Court\u2019s order wherein it had declared Imran\u2019s jail trial \u201c<a href=\"https:\/\/www.dawn.com\/news\/1791207\">null and void<\/a>\u201d.<\/p>\n<p>The lawyer stated that he had been requesting the court to \u201cfirst decide where the trial would be held\u201d but was asked whether there was a \u201cstay order whenever I said something\u201d.<\/p>\n<p>\u201cHowever they do, they must present the PTI chairman [before the court] today,\u201d Safdar insisted. \u201cOn what intelligence agency\u2019s 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.\u201d<\/p>\n<p>The counsel asserted that the IHC\u2019s and the special court\u2019s orders were being violated.<\/p>\n<p>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.<\/p>\n<p>\u201cIf 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,\u201d Safdar said.<\/p>\n<p>At this point during the hearing, Qureshi\u2019s lawyer Bukhari began presenting his arguments. He noted that Khawar, the FIA prosecutor, had \u201cread the jail superintendent\u2019s letter himself\u201d, and asked why his client had not been presented before the court.<\/p>\n<p>\u201cNeither has any charge been framed yet, nor has any copy [of charge sheet] been distributed. Then why has he been kept inside [the jail]?\u201d the counsel asked.<\/p>\n<p>Bukhari then urged the court to issue directives for his client to be presented before the court, emphasising that it was \u201cnecessary\u201d to present the suspect in an open trial and a \u201clegal responsibility\u201d to do so.<\/p>\n<p>\u201cIt is the court\u2019s responsibility to ensure the suspects\u2019 production before the court,\u201d he argued. \u201cIf court orders are not obeyed, you have the authority to send government officials to jail,\u201d the advocate said while addressing the judge.<\/p>\n<p>Judge Zulqarnain then said he would issue an \u201cappropriate order\u201d on the matter. He asked whether the court had summoned the suspects, to which an FIA prosecutor replied in the affirmative.<\/p>\n<p>\u201cNo matter how many notifications you bring, it does not matter. The public and the media should have access to the court,\u201d the judge observed.<\/p>\n<p>He then asked, \u201cI am using the word \u201cwish\u201d that whoever wishes to hear the case, can we allow them?\u201d At this, Barrister Safdar said, \u201cWho is the jail superintendent to decide on your behalf?\u201d<\/p>\n<p>To this, the FIA prosecutor asserted that a jail trial could be held \u201cwhile fulfilling all legal requirements\u201d. He argued that the IHC had not declared the special court\u2019s proceedings \u201cillegal\u201d.<\/p>\n<p>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.<\/p>\n<p>At this point during the hearing, Judge Zulqarnain said, \u201cIt 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?\u201d<\/p>\n<p>The judge observed that Section 352 must be followed and that there was no compromise on that. Barrister Safdar then urged the court that either Imran be presented or \u201caction be taken against those responsible\u201d.<\/p>\n<p>Here, Advocate Iskander Zulkarnain Saleem, a PTI lawyer, asserted that upon court orders being violated, the respective inspector general of police should be summoned. He argued it was \u201cnot the FIA prosecutors\u2019 duty to give explanations\u201d.<\/p>\n<p>The FIA prosecutor then informed the court that they had \u201cno relation\u201d to the communication taking place between the law enforcement agencies and the jail superintendent.<\/p>\n<p>Subsequently, the court reserved its order on the jail report and the mode of holding the trial going forward.<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>Special Court Judge Abual Hasnat Zulqarnain, who is hearing the cipher case against PTI Chairman Imran Khan, ruled on Tuesday that the trial proceedings would continue at the Adiala jail but in an open court. Citing \u201cserious security risks\u201d, Adiala jail authorities failed to present the former premier today before the special court at Islamabad\u2019s [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":29288,"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\/11\/28101804c793ecb.jpg?r=101808","fifu_image_alt":"","footnotes":""},"categories":[192],"tags":[],"class_list":["post-29287","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-islamabad-news"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/29287","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=29287"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/29287\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/29288"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=29287"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=29287"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=29287"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}