IHC reserves verdict on Imran’s plea against cypher case trial in Attock jail

The Islamabad High Court (IHC) on Tuesday reserved its verdict on a petition filed by PTI Chairman Imran Khan opposing the Law Ministry’s notification to conduct his cypher case trial in the Attock jail.

Imran Khan, who is currently in judicial custody until September 13 in the cypher case, submitted this plea to the IHC through his counsel, Sher Afzal Marwat.

PTI chairman has been held in prison since August 5 due to his conviction in the Toshakhana case, which relates to his failure to properly declare gifts received while in office.

Initially, a lower court had sentenced Khan to three years in prison and imposed a fine of Rs100,000, a judgment that prevented him from participating in upcoming elections.

Despite the overturning of that decision by the IHC, Khan remains incarcerated due to his judicial remand in the cipher case.

On August 18, Khan was charged under the Official Secrets Act of 1923 in the cypher case after the Federal Investigation Agency (FIA) invoked Section 5 of the same law.

The FIA’s counter-terrorism unit initiated the case, accusing PTI chairman of intentionally misusing classified documents after conducting an investigation.

Subsequently, a special court was established under the Official Secrets Act, which extended Khan’s judicial remand from August 30 to September 13.

In his petition, PTI’s chief urged the court to declare the notification invalid, asserting that it was “illegal” to move the court proceedings to Attock jail.

IHC Chief Justice Aamer Farooq has reserved the verdict on this plea challenging the ministry’s notification after hearing arguments.

The court had previously sought an explanation from the respondents involved.

During the hearing, Additional Attorney General Munawar Iqbal Duggal informed the court that conducting the cipher case’s hearing in Attock jail was a one-time permission.

He mentioned that the ministry had also issued a no-objection certificate (NOC) regarding the trial in the prison.

Justice Farooq inquired about the procedure for jail trials, and the prosecutor explained that the notification to move the court to Attock jail was issued in accordance with the law.

The court questioned what would happen if the notification were reissued, and the IHC judge emphasized the need to determine the authority under which such notifications could be issued.

PTI lawyer Sher Afzal Marwat alleged that the notification had malicious intent and urged the court to decide on its validity, pointing out that another verdict was pending on one of their pleas.

IHC Chief Justice Farooq assured the PTI lawyer that the court would make a decision on the matter.