Islamabad: The High Court reserved its decision on the request of Chairman PTI against hearing the cipher case in Attock Jail.
Chief Justice Amir Farooq heard the case and Chairman PTI’s lawyer Sher Afzal Marwat appeared before the court. Advocate Sher Afzal Marwat read out the law ministry’s notification before the court.
Lawyer Sher Afzal Marwat argued that under what law and authority did the Ministry of Law transfer the court to Attock Jail, how can the trial be transferred from Islamabad to Punjab? Transferring a trial to another province can legally be done only by the Supreme Court, not by the Chief Commissioner or Home Secretary to transfer the trial to another province.
The lawyer argued that if the trial was to be changed, he should have asked the trial judge but was not asked, there is no reason to keep PTI chairman in Attock Jail while he has been granted bail in the Tosha Khana case but Imran Khan. He is currently in judicial custody.
Continuing the arguments, Sher Afzal Marwat said that there is malice behind the change of venue of the hearing as the purpose of the notification to change the venue of the hearing was to keep Chairman PTI in Attock Jail and it has not yet been told why this notification was issued. Issued by law, the trial of a civilian under official secret takes place in a special court.
The arguments of Chairman PTI’s lawyer on the petition against jail trial and judge appointment have been completed.
Additional Attorney General
Additional Attorney General Manoor Iqbal Dogal said in his arguments that the notification related to the jail trial was for one time and when the notification was for one time, his petition has become ineffective. and the Ministry of Law had only issued the NOC, the change of venue in the Cipher case was only for one time.
The court had sought an explanation of the notification of the Ministry of Law, on which the Additional Attorney General informed the court by taking the information.
The Additional Attorney General told the court that on August 30, the court was shifted to Attock Jail for the hearing of the cipher case, this notification was done by the Ministry of Law and it was its authority, the Ministry of Law issued a NOC that on the change of venue. No objection.
Manwar Iqbal Dogal said that earlier two judges were appointed on the same basis, Additional Sessions Judge Faizan Haider Gilani was also appointed in the same way and Judge Raja Jawad Abbas was also appointed in the same way.
Imran Khan’s lawyer Sher Afzal Marwat said that it was said that my notification has become ineffective.
The court inquired that the extent of ineffectiveness is that if you do it again tomorrow, then what will happen? It has to be decided under what authority the notification can be done.
The Additional Attorney General said that it is in accordance with the law to give the power of a cipher court to the judge of the Anti-Terrorism Court.
Prosecutor Zulfiqar Naqvi said that the request to change the location of the court has become ineffective.
Chief Justice Amir Farooq remarked that if the same notification is made again tomorrow, then the same question becomes relevant, it should be decided who has the authority to change the venue of the court, I do not agree that the application is ineffective. .
Prosecutor Zulfikar Abbas Naqvi said that it is not necessary to present the accused before the court for judicial remand, but when there is physical remand, it is necessary to present the accused.
Chairman PTI’s lawyer Sher Afzal Marwat said in arguments that there is no exemption from producing the accused even in judicial remand, if the first order was unjustified and illegal then there will be consequences. It is not enough to say that the notification has become ineffective, the question before the court is under which law PTI chairman is in Attock Jail? Eyes cannot be closed on it.
Sher Afzal Marwat said that anyone has any legal answer? Why PTI Chairman is in Attock Jail? Once Attock Jail has been notified, Landhi Jail will be notified tomorrow, so will we go there? Another petition of ours has a reserved decision, so we request that a reserved decision be given, we are facing difficulties due to the delay in the decisions.
Chief Justice Aamir Farooq remarked that I will pass an order on that too. The court reserved the decision after arguments.
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