TAXILA: A special court, recently established to hear cases filed under the Official Secrets Act, on Wednesday extended the judicial remand of PTI Chairman Imran Khan till Sept 13 in the cipher case, prompting his legal team to challenge the court’s proceedings as well as the judge hearing the case, in the Islamabad High Court.

The special court also sent PTI Vice Chairman Shah Mehmood Qureshi back to jail on a 14-day judicial remand in the same case.

ATC Judge Abul Hasnat Zulqarnain conducted the hearing in Attock jail where the former prime minister has been detained since Aug 5 following his arrest in the Toshakhana case. The hearing took place in the jail after approval by the law ministry citing “security concerns” as the reason.

Mr Khan was produced before the special court judge while his legal team was also allowed to enter the court. Prosecutor Zulfiqar Naqvi represented the Federal Investigation Agency (FIA) while Advocate Salman Safdar appeared on behalf of the PTI chief.

Qureshi sent on 14-day judicial remand; PTI challenges judge’s appointment

During the proceedings, Mr Khan’s counsel filed a plea seeking his post-arrest bail, which was rejected by the judge.

Talking to reports outside the Attock jail after the hearing, the PTI legal team announced that they had filed a petition in the IHC on behalf of the former premier challenging the proceedings of the special court and appointment of Abul Hasnat Zulqarnain as its judge.

The petition, filed by PTI lawyer Sher Afzal Marwat, cited the law and interior ministries, FIA director general, Islamabad chief commissioner, deputy commissioner and inspector general of police and superintendents of Adiala and Attock jails, besides Judge Zulqarnain, as respondents.

In reply to a question, the legal team members said the application questioned the law ministry’s notification permitting the trial in the jail and contended that Judge Zulqarnain lacked the necessary qualifications for this role, citing the Anti-Terrorism Act 1997.

They said the petition also argued that an ATC judge could not be equated to a magistrate, contesting the legality of his appointment. The plea criticised the decision to move the special court to Attock jail and highlighted inconsistencies in the security concerns cited as the reason.

The petition demanded that the trial be held openly for fairness and justice, suggesting that if privacy was needed, an in-camera hearing could be held at the court building.

The PTI lawyers said that the plea emphasised that the cipher case was in its pre-trial phase and that the trial’s venue should not be changed. It also questioned the law ministry’s authority to extend its jurisdiction and determine a venue beyond the federal administrative control.

“The IHC is set to hear the petition on Thursday (today) under Chief Justice Aamer Farooq,” they added.

Qureshi’s remand

After hearing the cipher case in Attock jail, Judge Zulqarnain returned back to Islamabad where he presided over Shah Mehmood Qureshi’s in-camera hearing in the afternoon, according to Dawn.com.

Upon the completion of his two-day physical remand, the PTI vice chairman was presented before the special court amid high security.

During the hearing, prosecutor Zulfiqar Naqvi asked the court to grant the FIA further physical remand of the PTI leader, which the court rejected and instead, sent the PTI vice chairman back to Adiala jail on a 14-day judicial remand.

Meanwhile, Mr Qureshi, through his legal team comprising Advocate Babar Awan, Shoaib Shaheen and Umair Naizi, filed a post-arrest bail petition in the cipher case earlier in the day.

Subsequently, the special court issued notices to the respondents, including the FIA, seeking replies by Saturday (Sept 2) when it will hear the plea.

Published in Dawn, August 31st, 2023