ISLAMABAD: The Islamabad High Court on Tuesday issued a stay order on the jail trial of the former prime minister Imran Khan in Cipher case until November 16. The decision was made by a two-member bench consisting of Justice Mian Gul Hassan Aurangzeb and Justice Saman Raffat while hearing the intra-court appeal.
Petitions against the special court’s constitution and the jail trial in the cipher case were taken up by the bench, with Salman Akram Raja representing Imran Khan and Deputy Attorney General Arshad Kiani appearing for the government.
The bench noted that allowing a few family members into the jail trial did not qualify it as an open court hearing. Justice Aurangzeb expressed concerns about the notifications issued by the federal government for the jail trial, suggesting they appeared prima facie against high court rules. He emphasized that numerous questions needed clarification regarding the trial.
The judge pointed out that while the IHC’s chief justice had been consulted, the special court was established through an executive order. The attorney general informed the court that the federal cabinet had approved the jail trial in the cipher case, and the notification would be presented in court.
Justice Aurangzeb raised questions about the timing of the federal cabinet’s approval, stating that it had occurred only two days ago, casting doubt on the status of the trial that had already taken place. He also inquired about the conditions under which the decision for the jail trial was made.
During the hearing, the case of Indira Gandhi’s trial in Tihar jail was mentioned, with Justice Aurangzeb noting that both cases involved former prime ministers.
