By Malik Asad in Dawn, November 15th, 2023
ISLAMABAD: While the Islamabad High Court (IHC) intervened on Tuesday to stop the jail trial of former prime minister Imran Khan in the cipher case, the law ministry concurrently issued a notification for closed-door proceedings against him in NAB cases.
Subsequently, Accountability Judge Mohammad Bashir conducted proceedings in the millions of pounds corruption case at Adiala Jail, permitting the NAB investigation team to interrogate the former premier until Nov 16.
The IHC division bench comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, while resuming Mr Khan’s intra-court appeal proceedings against the dismissal of his plea for an open trial, heard the arguments of Attorney General Mansoor Usman Awan.
AG Awan apprised the division bench that the federal cabinet had authorised the jail trial in the cipher case and submitted the relevant records.
Govt notifies ex-PM’s prison trial in graft cases
Objecting to the in-camera trial, Mr Khan’s counsel Salman Akram Raja referred to the case of former Indian prime minister Indira Gandhi whose trial was conducted in-camera, but in the presence of some journalists.
In Mr Khan’s case, he argued, there was a ‘complete media blackout’.
When Justice Aurangzeb inquired about the ‘compelling’ reasons for declaring the trial in-camera, the AG explained that close family members of Mr Khan could witness the proceedings. The judge remarked that this could still not be considered an open court.
In response to Justice Aurangzeb’s question about the legality of the Special Court’s proceedings before the federal government’s approval, AG Awan assured the IHC of submitting records from relevant departments. The judge directed him to submit the record by Nov 16.
The court observed that, prima facie, the notifications from the law ministry regarding jail trial were not in accordance with the High Court Rules. Further proceedings were adjourned till Nov 16.
In a related development, the law ministry issued a notification for closed-door proceedings against Mr Khan in NAB cases.
“[T]he accountability court concerned shall sit and conduct the trial of the accused Imran Ahmed Khan Niazi & others in Central Prison, Adiala, Rawalpindi, or wherever they may be confined for offences…,” the notification stated.
NAB filed an application seeking Mr Khan’s custody on physical remand for 10 days before the accountability court, which conducted the proceeding in Adiala jail.
During the session, the ex-premier addressed the court, mentioning the transfer of money to avoid unnecessary litigation.
NAB Deputy Prosecutor General Sardar Muzaffar Khan Abbasi informed the court about property tycoon Malik Riaz transferring 458-kanal land to Zulfi Bukhari, a co-accused. He said another co-accused, Mirza Shahzad Akbar, received cabinet approval for the “Deal of Confidentiality” on Nov 6, 2019, though the amount had already been transferred to the property tycoon’s account before the approval.
The counsel for Mr Khan in the NAB case, Barrister Salman Safdar, highlighted that the IHC had reserved the order on the petition seeking the restoration of the bail petition, which was dismissed for non-appearance.
Further proceedings in the matter were adjourned until Nov 17.
https://www.dawn.com/news/1789460/ihc-halts-imrans-jail-trial-in-cipher-case
