The Islamabad High Court (IHC) on Wednesday said the hearing of PTI Chairman Imran Khan’s bail plea in the cipher case would be held in an open court, but would be in-camera when “sensitive information” is discussed.
The decision came as the IHC disposed of the application filed by the Federal Investigation Agency (FIA) seeking in-camera proceedings of the PTI chief’s bail plea in the case.
The cipher case pertains to a diplomatic document which reportedly went missing from Imran’s possession. The PTI alleges that it contained a threat from the United States to oust the party chairman from office.
Imran was shifted to Attock jail on August 5, 2023, after a court sentenced him to three years in prison in the Toshakhana graft case. Following the suspension of the sentence, it had emerged that he had been on judicial remand in the cipher case.
On September 26, both PTI leaders’ judicial remand was extended until October 10 and as per the IHC’s orders, the PTI chief was shifted to Rawalpindi’s Adiala jail from Attock district jail.
On September 30, the FIA submitted a challan (charge sheet) in the Special Court established under the Official Secrets Act, declaring Imran and Qureshi as principal accused in the cipher case.
Earlier this week, the FIA had sought in-camera proceedings of the PTI chief’s bail plea in the cipher case and had informed the IHC that an open hearing of the same could pose a “risk of deteriorating relations with other countries”.
A day ago, the Ministry of Law and Justice issued a notification for the jail trial of the ex-premier and former foreign minister in the cipher case.
The notification cited the request of Judge Special Court (Official Secrets Act) and stated that the “Law and Justice Division has ‘No Objection’ to the jail trial of the accused in which he is confined, under the Official Secrets Act.”
However, the PTI rejected the law ministry’s notification to hold the party chairman’s trial in Adiala jail, insisting that the case be heard in an open court.
Today, pronouncing the reserved verdict on the FIA’s application, IHC Chief Justice Aamer Farooq ruled that an open court would hear Imran’s bail plea.
However, the court stated that “upon sensitive information or documents being brought on record”, the hearing would be made in-camera.