{"id":46505,"date":"2024-01-11T08:24:06","date_gmt":"2024-01-11T08:24:06","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/ihc-withdraws-stay-on-imrans-in-camera-cipher-trial-after-agp-says-testimonies-to-be-recorded-afresh\/"},"modified":"2024-01-11T08:24:06","modified_gmt":"2024-01-11T08:24:06","slug":"ihc-withdraws-stay-on-imrans-in-camera-cipher-trial-after-agp-says-testimonies-to-be-recorded-afresh","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/ihc-withdraws-stay-on-imrans-in-camera-cipher-trial-after-agp-says-testimonies-to-be-recorded-afresh\/","title":{"rendered":"IHC withdraws stay on Imran\u2019s in-camera cipher trial after AGP says testimonies to be recorded afresh"},"content":{"rendered":"<p><\/p>\n<div dir=\"auto\">\n<p>The Islamabad High Court (IHC) on Thursday withdrew its <a href=\"https:\/\/www.dawn.com\/news\/1801328\">stay order<\/a> on former premier Imran Khan\u2019s <a href=\"https:\/\/www.dawn.com\/news\/1797972\">in-camera cipher trial<\/a> after the state counsel assured that the witnesses\u2019 statements would be recorded afresh.<\/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<p>Last month, Justice Miangul Hasan Aurangzeb had <a href=\"https:\/\/www.dawn.com\/news\/1801328\">restrained<\/a> the special court from proceeding against the suspects \u2014 including former foreign minister Shah Mahmood Qureshi \u2014 till January 11, noting that there were \u201clegal errors\u201d in the case.<\/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\/1797972\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>The decision had come on Imran\u2019s petition challenging the trial \u2014 being conducted at Adiala Jail \u2014 and subsequent developments, including the <a href=\"https:\/\/www.dawn.com\/news\/1797694\/imran-khan-qureshi-indicted-in-cipher-case-again\">framing of charges<\/a> and a <a href=\"https:\/\/www.dawn.com\/news\/1797972\">gag order<\/a> on the media.<\/p>\n<p>The Special Court (Official Secrets Act) had <a href=\"https:\/\/www.dawn.com\/news\/1800341\">begun<\/a> the cipher trial afresh last month at the Adiala district jail after Imran and Qureshi were <a href=\"https:\/\/www.dawn.com\/news\/1797694\/imran-khan-qureshi-indicted-in-cipher-case-again\">indicted for a second time<\/a> in the case on December 13.<\/p>\n<p>The former premier and his aide Qureshi, who is also behind bars, were <a href=\"https:\/\/www.dawn.com\/news\/1783241\">first indicted<\/a> in the case in October. Both had pleaded not guilty. The IHC had termed the government\u2019s notification for a jail trial \u201cerroneous\u201d and <a href=\"https:\/\/www.dawn.com\/news\/1791390\">scrap\u00adped<\/a> the entire proceedings.<\/p>\n<p>Last month, the Supreme Court had <a href=\"https:\/\/www.dawn.com\/news\/1799939\">approved<\/a> the post-arrest bails of Imran and Qureshi. While Imran remains incarcerated in other cases, Qureshi\u2019s expected release was also <a href=\"https:\/\/www.dawn.com\/news\/1801224\/outrage-after-qureshi-manhandled-whisked-away-in-yet-another-case\">stalled<\/a> as he was manhandled and re-arrested in a fresh May 9 case.<\/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\/1801224\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>Today, Justice Aurangzeb presided over the hearing, during which Attorney General for Pakistan Mansoor (AGP) Usman Awan appeared before the judge on court orders.<\/p>\n<p>Salman Akram Raja was present as Imran\u2019s counsel while Sikander Zulqarnain and others also appeared before the court. The FIA sought the services of Justice (rtd) Hamid Ali Shah for assistance in the case.<\/p>\n<p>During the hearing, AGP Awan told the court that the statements of 13 witnesses would be recorded afresh, while the FIA stated that those of 12 others were yet to be recorded.<\/p>\n<p><figure class=\"media  sm:w-1\/2  w-full  media--right    media--uneven  media--stretch\"><figcaption class=\"media__caption  \">Salman Akram Raja speaks to media outside IHC. \u2014 Photo provided by Umer Burney<\/figcaption><\/figure>\n<\/p>\n<p>Following the hearing, Raja said he would also file a petition against Special Court judge Abual Hasnat Mohammad Zulqarnain for \u201crepeatedly making mistakes\u201d.<\/p>\n<p>\u201cThe high court has to set aside the proceedings repeatedly,\u201d he told reporters at the IHC.<\/p>\n<p>\u201cThe trial would be open but would take place in jail. We will also file a petition on this. Everyone should be allowed to attend the trial and the judge should be changed,\u201d the lawyer 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, Justice Aurangzeb recalled that the court had asked for documents pertaining to the case and inquired AGP Awan why they had not been submitted yet.<\/p>\n<p>To this, AGP Awan said that the case record had arrived and \u201cnumbering was taking place\u201d, assuring the court that the documents would be submitted in a while.<\/p>\n<p>He recalled that the trial court had made the proceedings in-camera for a few witnesses, adding that certified copies of their statements were present with the petitioners\u2019 lawyers.<\/p>\n<p>\u201cThe order of this division bench was fully implemented upon,\u201d AGP Awan asserted. \u201cIf the trial court\u2019s <a href=\"https:\/\/www.dawn.com\/news\/1797972\">December 14 decision<\/a> was not right, then we will record the witnesses\u2019 statements again,\u201d he said, referring to barring the coverage of the case proceedings on all mainstream media outlets.<\/p>\n<p>The state counsel urged the court to dispose of the plea against the trial if Imran\u2019s counsel agreed with the recording of testimonies again.<\/p>\n<p>At this point during the hearing, Raja urged the court to set aside the trial court proceedings that took place on December 14 and afterwards, arguing that the state counsel had \u201cadmitted\u201d that the December 14 order was not right.<\/p>\n<p>The lawyer argued that the trial court had \u201cmade the wrong decision twice\u201d. To this, the judge said, \u201cWe all make mistakes. Let\u2019s begin the case from a new point.\u201d<\/p>\n<p>AGP Awan then said that the trial court was ready to begin the proceedings after December 14 afresh.<\/p>\n<p>Justice Aurangzeb also referred to a previous judgment in the Asfanyar Wali case, at which Raja contended that the trial proceedings should go back to the point when the \u201cillegal decision\u201d was made.<\/p>\n<p>The judge then recalled that the AGP had informed the court that four testimonies had been recorded in-camera. \u201cCivil law is quite different from criminal law,\u201d he observed.<\/p>\n<p>Addressing Imran\u2019s counsel, Justice Aurangzeb said, \u201cAlso see the other side\u2019s preferences or constraints.\u201d<\/p>\n<p>Here, AGP Awan stated that the trial court was ready to re-record the statements of 13 witnesses. The FIA prosecution stated that there were a total of 25 witnesses in the case, out of which the testimonies of 12 were yet to be recorded.<\/p>\n<p>Subsequently, the IHC reserved its verdict on Imran\u2019s pleas and withdrew its stay order issued earlier, allowing the proceedings since December 14 to begin afresh.<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>The Islamabad High Court (IHC) on Thursday withdrew its stay order on former premier Imran Khan\u2019s in-camera cipher trial after the state counsel assured that the witnesses\u2019 statements would be recorded afresh. The cipher case pertains to a diplomatic document that the Federal Investigation Agency\u2019s charge sheet alleges was never returned by Imran. The PTI [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":46506,"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\/2024\/01\/111236161b06c04.png?r=123724","fifu_image_alt":"","footnotes":""},"categories":[10],"tags":[],"class_list":["post-46505","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pakistan"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/46505","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=46505"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/46505\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/46506"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=46505"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=46505"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=46505"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}