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Cipher Case: IHC Nullifies Imran Khan’s Jail Trial Notification

Editor Isb by Editor Isb
May 14, 2025
in National, Latest
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Imran Khan’s Interim Bail Pleas Rejected in Multiple Cases by Anti-Terrorism Court
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ISLAMABAD: The Islamabad High Court (IHC) on Tuesday nullified the notification issued on August 29 for conducting the jail trial of former Prime Minister and Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on charges of leaking state secrets.

Due to security concerns, a special court had been overseeing the trial in jail since Khan’s indictment last month. Presently, Khan is held in Adiala jail following his indictment by the special court on October 23.

Naeem Panjutha, the lawyer, announced on social media platform X, “The Islamabad High Court has deemed the notification for the jail trial as unlawful.”

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The decision was reached by a division bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Riffat Imtiaz, who delivered the verdict they had earlier reserved on the intra-court appeal filed by the PTI chief against his jail trial.

A concise order has been issued by the IHC, with a detailed verdict to follow at a later time.

Following the ruling, it appears that the entire course of court proceedings held in jail has been invalidated.

Concise ruling :

While permitting Khan’s intra-court appeal, the division bench declared the law ministry’s notification as “without lawful authority and having no legal effect.”

In a three-page concise order, the IHC mentioned that a jail trial might be conducted in “exceptional circumstances.” The court highlighted that such a trial should adhere to the requisites of an open trial or a trial in camera as prescribed by law, under specific circumstances conducive to justice.

Regarding the November 15 notification issued by the Ministry of Law and Justice, approved by the caretaker cabinet for the jail trial, the court emphasized that it could not be applied retrospectively. Additionally, the court invalidated all notifications related to the jail trial due to procedural irregularities and failure to meet legal requirements.

The IHC also addressed the legality of the special court judge’s designation, affirming its validity: “The designation of the Special Court (Anti-Terrorism-I) Islamabad, to handle cases reported under the Official Secrets Act, 1923 through notification (F.No.40(64)/2023-A-VIII) dated 27.06.2023 issued by the Ministry of Law and Justice is valid and lawful.”

The Ministry of Law had issued a no-objection certificate (NOC) on August 29 for the jail trial of the former prime minister, following requests from the Interior Ministry and Special Court Judge Abual Hasnat Zulqarnain.

On November 14, the high court suspended Khan’s jail trial in the cipher case after the caretaker federal cabinet endorsed the trial of Khan and Shah Mahmood Qureshi in this matter.

Previously, Khan, ousted from office after a no-confidence motion in April the previous year, had appealed against the jail trial. However, the court’s single bench rejected his plea on October 16.

Chief Justice Aamer Farooq, on the single-member bench, ruled that there was no apparent malice behind conducting Khan’s jail trial in the cipher case. The court advised Khan to approach the trial court if concerns persisted, following which Khan filed an intra-court appeal against the single bench’s decision.

In August of the same year, Khan and Qureshi faced charges under the Official Secrets Act 1923 in the cipher case, initiated by the Federal Investigation Agency (FIA) invoking Section 5 of the said law.

Reportedly, a diplomatic cable went missing from Imran’s possession, purportedly containing a threat from the United States to topple the PTI’s government, as claimed by the former ruling party.

(Islamabad51_Newsdesk)

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