ISLAMABAD: The Islamabad High Court (IHC) decided on Tuesday that the Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s bail hearing in the cipher case will be held in open court the following time it is scheduled.
The IHC Chief Justice Aamer Farooq responded to the prosecution’s demand for closed-door proceedings with a two-page written order.
A closed-door hearing was initially requested by the Federal Investigation Agency (FIA), who cited the existence of “privileged” and “sensitive” papers and material.
As a result, the court has directed the FIA prosecutors to file a separate plea for private hearings at the future hearing.
In open court, the IHC will consider Imran Khan’s bail request in the cipher case
The special prosecutor for the agency argued, according to the ruling, that the public was excluded from the trial court hearing on the bail application; nonetheless, the official conceded that the petitioner presented its argument in open court.
The order did note, however, that the PTI attorney had stated that he would not object if extraneous people were kept out of the courtroom.
In their plea, the FIA prosecutors also noted that the case was heard in secret by the special trial court and that anyone not authorized to be there was requested to leave.
Nevertheless, it said, “Section 14 of the Official Secret Act, 1923 permits exclusion of the public from the proceedings, but a reading of the section reveals that if such is to be undertaken, the prosecution must make an application.”
The prosecution may make a proper motion, the court stated, if it want to have the public excluded from the proceedings.
‘Null and void’ declaration made about the Attock jail notification
The IHC ruled in a separate hearing that the government’s notification to put the PTI chairman in Attock jail was invalid.
IHC Chief Justice Aamir Farooq granted the motion to send Khan to Adiala prison in a written ruling. The PTI leader was given a three-year sentence, according to the court.
The trial court had ordered that the PTI head be kept at Adiala Jail, but on the suggestion of the Inspector General of Prisons, he was transferred to the Attock jail to finish his sentence due to security concerns.
The former prime minister was nonetheless detained in the prison since he was also arrested in the cipher case, even though the IHC had suspended his sentence in the Toshakhana case on August 28.
Khan’s transfer to Adiala prison, according to the additional Punjab advocate general, presents a security risk. Only prisoners who have been found guilty may be transferred to any jail in Punjab; all prisoners awaiting trial in cases registered in the federal capital are housed in the Adiala Prison.
The court ruled that Khan is entitled to better class amenities in jail because he was a former prime minister.
The PTI chairman’s attorney had asked for exercise equipment to be brought to his client while he was incarcerated, according to the court’s written ruling. However, the court said it cannot give such directions because it is unclear whether or not such facilities are permitted.
The court ruled that the superintendent jail is the authorized authority in this matter and that the proper demands should be made to them.
