IHC declares Imran Khan's Jail Trial Null and Void
Islamabad, The Islamabad High Court has issued a detailed 59-page verdict on the appeal filed by PTI founder Imran Khan, challenging the court's earlier decision to allow his jail trial in the "cipher case." The judgement delivers a mixed bag of outcomes, declaring the jail trial itself null and void but upholding the legality of the appointed judge for the case.
A division bench comprising Justice Mian Gul Hasan Aurangzeb and Justice Thaman Rifat Imtiaz meticulously laid out the rationale behind their rulings. Key takeaways include:
The court accepted Khan's appeal, deeming the jail trial, initiated on August 29, 2023, as illegal and invalid. This effectively nullifies all proceedings conducted in the specially designated prison courtroom during this period.
Despite the jail trial being scrapped, the court surprisingly defended the appointment of the judge overseeing the case. This judge, appointed under the Official Secrets Act, maintains authority to preside over the case, albeit outside the jail setting.
The court found all Ministry of Law notifications pertaining to the jail trial, including the August 29 notification initiating it, to be unlawful. This effectively invalidates the legal basis for holding the proceedings within the prison.
Notably, the court clarified that a subsequent Ministry notification issued in November, based on a Cabinet decision, cannot be applied retroactively to validate the earlier illegal jail trial proceedings.