Skip to main content

IHC verdict on in-camera cipher trial may come this week

ISLAMABAD: The Isla­m­abad High Court (IHC) is likely to rule this week on the legality of in-camera pro­ceedings in the cipher case involving former pri­me minister Imran Khan.


IHC Justice Miangul Hassan Aurangzeb will resume hearing of a petition filed by Mr Khan against the decision of the Special Court (Official Secrets Act) to hold closed-door proceedings of the cipher case at Adiala Jail.


Justice Aurangzeb was heading a division bench that had earlier issued a detailed order, scrapping the cipher trial and linking the open proceedings of the court with transpare­ncy, impartiality and ind­e­p­endence of the judiciary.


In a judgement issued by the IHC on Dec 19, the co­urt had stressed that “pub­lic trial ensures imp­artial administration of justice”.








The judgement explai­ned the reasons for scrapping the earlier round of pro­ceedings of the Special Court (Official Secrets Act) due to lack of transparency and openness and linked the open court proceedings with the independence of the judicial system.


Mr Khan also challenged his de-novo trial in jail and also subsequent development including framing of charge, holding the proceedings in-camera and media censorship.


In the detailed order, the bench noted that the Islamabad administration, on a request of trial court judge, initiated the process to hold proceedings in jail as it informed the interior ministry about a police report that expressed certain apprehensions related to law and order if the trial is conducted in the courtroom.


The law ministry issued a notification for conducting the trial of Mr Khan in jail on the basis of this information.


The court order stated the chief commissioner on Nov 8, re-initiated the process of conducting the proceedings in jail. The interior ministry referred the letter to the law ministry which forwarded a summary to the federal cabinet seeking approval of the same.


The court noted that prior to the issuance of the notification for conducting the trial in jail, the Special Court judge had not passed any order for holding proceedings or trial in jail against which a revision could be preferred.


The court observed: “There is nothing on the record to show that prior to the notifications dated 12.09.2023, 25.09.2023, 03.10.2023, and 13.10.2023, any sanction of the Fed­eral Government (i.e. cabinet) had been obtained through the Dis­trict Magistrate for conducting the proceedings.


The bench noted lapses on the judge’s part and observed he “was expected to exercise vigilance by satisfying himself that all requirements of Section 352 CrPC and Rule 3 of LHC Rules had been fulfilled before he decided to hold court in jail premises”.


The court order cited English judgements and noted that these emphasize that “the open court principle is a hallmark of democratic society and applies to all judicial proceedings. This principle has long been recognised as a cornerstone of the common law.


Public access to courts guarantees integrity of judicial process by demonstrating that justice is administered in a non-arbitrary manner, according to the rule of law“.


Published in Dawn, December 26th, 2023


http://dlvr.it/T0d6v6

Comments

Post a Comment

Popular posts from this blog

Student council oath-taking ceremony

Islamabad:The Millennium College hosted a Student Council Investiture Ceremony 2019 at its Flagship Campus, I-9/3, says a press release.The student council comprising of AS & A Level, IBDP program and IGCSE’s vowed under oath that they will be active and responsible members of the student executive council and will abide by the laws made by the college and the managing body to guarantee themselves and the student body a better campus life.Ambassador Ali Sarwar Naqvi graced the occasion and inducted the School’s Head Boy Sarosh Atif and Head Girl Qirrat Ali as well as the Executive Council Members of all clubs and societies established within the school system. After administering the oath, Ambassador Ali Sarwar Naqvi along with the Founder & Chairman The Millennium Education Chaudhry Faisal Mushtaq, Director International Qualifications Azra Tahir and Principal of Millennium College, Campus I-9/3, Muneeze Muzzafar awarded sashes, badges and certificates to the members of the co...
Post a Comment
Read more

3 drug pushers, bootlegger held

Islamabad :Islamabad Industrial Area Police have arrested three drug pushers and a bootlegger besides recovery of narcotics and 120 liter liquor from them, a police spokesman said.According to details, a police team of Industrial Area police station arrested three drug pushers namely Kamran, Irfan and Shamoon Masih and recovered 320 gram heroin and 210 gram hashish from them,.Another police team arrested a bootlegger namely Ansar Javed and recovered 120 liter wine, bottles, stickers and brewing equipment from him. Cases have been registered against these nabbed persons and further investigation is underway from them.SP (Industrial Area) Zubair Ahmad Shaikh has said that Industrial Area zone police is doing its job efficiently and crackdown against criminals would be continued.Despite the sit in, he said Islamabad Police has been performing its duty quite efficiently and has successfully managed to maintain the daily life in the Capital.In this regard, Senior Police officers including S...
Post a Comment
Read more

Pragmatic steps taken to implement Axle Load Control regime on NH&MP

Islamabad: Ministry of Communications has taken pragmatic steps to implement the Axle Load Control regime on Motorways & National Highways in the country. Sole objective of this move is to control travelling of overloaded vehicles which lead to fatal accidents besides damaging the national asset of road network of billions of rupees.Prior to implementation of axle load control regime, a technical committee was formed, consisting of officers from Ministry of Communications and National Highway Authority which remained in constant contacts with transport community, Members of the Chambers of Commerce and stakeholders hailing from all the provinces. This technical committee visited their offices and held detailed discussions in series of meetings and took them into confidence to facilitate implementation of Axle Load Control regime. The stakeholders assured of their full cooperation and subsequently, implementation of Axle Load Control was realized which is in progress.It is worth to ...
Post a Comment
Read more