The Islamabad High Court has reserved its decision on the intra-court appeal of chairman PTI against the jail trial in the cipher case.
A division bench consisting of Justice Gul Hasan Aurangzeb and Justice Taman Rifat conducted the hearing.
Justice Mian Gul Hasan Aurangzeb said that the short order of this appeal will be heard today between 5 pm and 5:30 pm, the detailed decision containing the reasons will be issued later.
Arguments of Chairman PTI’s counsel
At the beginning of the hearing, Chairman PTI’s lawyer Salman Akram Raja said that there is a procedure for a jail trial, the judge should pass a clear order based on the reasons for the jail trial, after which the federal government on the request of the Chief Commissioner. The stage of approval comes, if the federal government takes the approval from the cabinet, then it is necessary to inform the high court. In this case, there is no approval of the federal cabinet before November 12, the judge should pass the judicial order related to the jail trial, the findings should also be given in the judicial order, there is no such order yet, this is the case. It is the most basic illegal action, now the federal cabinet has approved it but the basic judicial order is not there, even if it is accepted that the approval of the federal cabinet is illegal, the previous action is illegal. wrote the last letter to, the judge’s letter does not constitute a judicial judicial order, after the hearing on August 16, the trial was transferred to jail, I think the first request on the issue of jail trial comes from the prosecution, the prosecution’s request But the judge has to apply his mind, if a formal decision is issued on the request of the prosecution, then the accused will also get his right.
The lawyer said that the judge wrote in the letter that jail trial should be approved to avoid future complications, despite the approval of the cabinet, this jail trial notification will not apply from the past. Speaking of, this letter was sent by the Chief Commissioner to the Home Ministry, the letter from the Home Ministry went to the Law Ministry and a summary was prepared and sent to the Cabinet, the summary prepared on November 10 does not mention the past jail trial. , the federal cabinet approved the jail trial, the notification of which was issued, the judge did not ask for the approval of the jail trial in the letter from the past, how can the cabinet approve what has not been asked for?
Justice Gul Hasan asked whether you think the notification of November 13 meets the legal requirements.
Lawyer Salman Akram Raja said, “I don’t think so, the cabinet gave the approval without a judicial order.”
Justice Gul Hasan said that we had asked 2 questions to the Registrar High Court yesterday, the Registrar told that the process of appointing a judge was initiated by the Islamabad High Court, also told that the trial court judge before the jail hearing. Also informed the High Court.
Lawyer Salman Akram Raja said that all proceedings of the jail trial in the cipher case are still illegal, if a jail trial is to be held in the future, bring a judicial order and get approval from the cabinet.
Chairman PTI’s lawyer Salman Akram Raja’s counter arguments have been completed.
Arguments of the Attorney General
Attorney General Mansoor Usman Awan said that the jail trial of the cipher case is an open trial. It is true that in the past, the families of the accused were not allowed to watch the jail trial. It was small, now the single bench has also passed an order regarding the jail trial. There is a judicial order of the trial court judge regarding the jail trial. Guidelines will be followed.
The decision was reserved on the intra-court appeal of chairman PTI against the jail trial in the cipher case.
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