Federal govt contends high court does not have authority to abolish status of special court
ISLAMABAD:
The federal government contested the Islamabad High Court’s (IHC) November 21 decision on Friday invalidating Imran Khan’s jail trial in the cypher case.
In its petition, the government has argued that the IHC failed to assess the facts appropriately before declaring the special court designated to hear the cypher trial null and void. It maintained that the high court does not have the authority to abolish the status of a special court.
Advocate Raja Rizwan Abbasi submitted the application on behalf of the federal government.
Imran Khan, special court judge Abul Hasnat Zulqarnain, DG FIA, IG, DC, and chief commissioner Islamabad, among others, have been named as respondents in the petition.
IHC verdict
On November 22, the IHC declared the proceedings of PTI chairman Imran’s and vice chairman Shah Mahmood Qureshi’s trial conducted in jail in the cypher case so far as null and void.
The court declared that the notification issued by the law ministry on August 29 – which read that the Law and Justice Division had “no objection” to PTI chairman’s trial in the cypher case being held at Attock jail – was without lawful authority and no legal effect “for want of an order by the appropriate government and fulfilment of requirements provided in Section 352 of the CrPC [Code of Criminal Procedure] as well as Rule 3 in Part-A of Chapter-1 in Volume-III of the Rules and Orders of the Lahore High Court”.
In its short order, the court also declared the law ministry’s notifications about Imran’s jail trial issued on September 12, September 25, October 3, and October 13 to be “without lawful authority and no legal effect”. It added that the law ministry’s notifications issued on November 13 and November 15 after decisions made by the cabinet were “of no legal consequence”.
The short order read that the November 15 notification could not be given a “retrospective effect”.
“Consequently, the proceedings with effect from August 29 and the trial conducted … in jail premises in a manner that cannot be termed as an open trial stand vitiated,” the order read.
As a result, Imran and his aide Shah Mahmood Qureshi’s October 23 indictments in the case also became null and void. The IHC had then ordered the special court to conduct the trial in open court.
