Decision Made: Imran Khan's Case Continues at Adiala Jail in an Open Court

In a recent development, Special Court Judge Abual Hasnat Zulqarnain, overseeing the cipher case involving PTI Chairman Imran Khan, announced that the trial proceedings would persist at Adiala jail but in an open court.

This decision comes after Adiala jail authorities cited "serious security risks," leading to their failure to present Imran Khan before the special court at Islamabad's Federal Judicial Complex, as per the court's prior orders.

The cipher case revolves around a diplomatic document that the Federal Investigation Agency claims Imran Khan never returned. The PTI argues that the document contained a threat from the United States to remove Imran as prime minister. Imran Khan and his aide Shah Mahmood Qureshi, both indicted on October 23, maintain their innocence.

Previously, the trial was held at Adiala Jail, where four witnesses had already recorded their statements. However, an Islamabad High Court division bench declared the government's notification for a jail trial "erroneous," leading to the scrapping of the proceedings. Consequently, the special court is now set to initiate a fresh trial, requiring the prosecution to file a new application for a jail trial.

During the recent hearing at the Federal Judicial Complex, Imran Khan's counsel, Barrister Salman Safdar, and Qureshi's lawyer, Advocate Ali Bukhari, appeared before the court. The FIA's prosecutors, Shah Khawar and Zulfikar Abbas Naqvi, also presented their case.

The court reviewed a report submitted by jail authorities, stating that intelligence agencies and the police have identified life-threatening security risks for Imran Khan. Safdar urged the court to adjourn the hearing indefinitely and grant bail to his client. Meanwhile, Bukhari requested directives for Qureshi to be presented before the court.

After deliberation, the special court approved the jail trial but specified that it would be conducted in an open court at Adiala Jail. The court emphasized that attendees, including journalists and five family members of each suspect, would be allowed inside the courtroom. The hearing was adjourned until December 1, 2023.
During the hearing, Safdar highlighted two pending matters and expressed disappointment over Imran Khan not being presented before the court. The lawyer argued that the jail authorities were responsible for the suspect's presentation and emphasized the violation of court orders. Qureshi's lawyer, Bukhari, echoed the need for presenting the suspect in an open trial and urged the court to issue directives accordingly.

Judge Zulqarnain asserted that the court's priority was to allow those interested in attending the trial access. He acknowledged Section 352 must be followed and emphasized that the court would not compromise on it. The court reserved its order on the jail report and the mode of holding the trial in the future.