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IHC STAYS CYPHER CASE TRIAL TILL JAN 11, CITING ‘LEGAL GLITCHES’ friday, 29 December, 2023 I 15 Jamada al-Sani, 1445
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Bench notes special court proceeding with a daily trial against SC orders Says law being used dates back to when Pakistan didn’t exist, in fact, it wasn’t even an Indian law
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Rs 15.00 | Vol XIV No 180 I 8 Pages I Karachi Edition
ISLAMABAD
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HE Islamabad High Court (IHC) on Thursday issued a stay order on PTI founder Imran Khan’s plea against in-camera cypher trial till January 11, citing “legal glitches.” The short order was passed by IHC’s Justice Miangul Hasan Aurangzeb on Imran’s petition challenging the in-camera cypher trial being conducted at Adiala Jail and subsequent developments, including the framing of charges and a gag order on the media. During the hearing today, Attorney General for Pakistan Mansoor Usman Awan and Additional AGP Munawwar Iqbal Duggal appeared in court. The FIA’s prosecution team was also in attendance while PTI’s Barrister Salman Akram Raja attended the proceedings via video link. The written order, Justice Miangul Hasan Aurangzeb said the special court judge was conducting the trial on a daily basis as per an earlier direction of the IHC but the same was set aside by the Supreme Court. It added that the special court judge was proceeding with a daily trial despite the apex court order and directed that further hearings be stayed “in order to prevent these proceedings from becoming fait accompli”. The Special Court (Official Secrets Act) had begun the cypher trial afresh last week at the Adiala jail after Imran and former foreign minister Shah Mehmood Qureshi were indicted for a second time in the case on Dec 13. The cypher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was
never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister. The former premier and his aide Qureshi, who is also behind bars, were first indicted in the case on Oct 23. Both had pleaded not guilty. Four witnesses had already recorded their statements when the IHC termed the government’s notification for a jail trial “erroneous” and scrapped the entire proceedings. The IHC had endorsed Imran’s indictment, disposing of his plea against the same, but had also instructed the special court judge to ensure a “fair trial”. On Friday, the Supreme Court had approved the post-arrest bails of Imran and Qureshi. While Imran remains incarcerated in other cases, it was expected that the PTI vice chairman would be released. However, Qureshi was manhandled and re-arrested outside Adiala jail by Punjab police yesterday in connection with a case pertaining to the attack on the General Headquarters (GHQ) in Rawalpindi on May 9. Earlier in the day, the IHC, while
hearing a PTI petition seeking an immediate stay order on the cipher trial, had issued a notice to the federation. At the outset of the proceedings, PTI counsel Salman Usman Gul sought an immediate stay order on the cipher trial. However, the request was rejected as Justice Miangul Hasan Aurangzeb said notices would be first issued to the respondents. The court then issued a notice to the federation and sought its responses to the PTI petition. It also issued directives for all case documents to be submitted to the IHC. At one point, Justice Aurangzeb inquired if an authorised government officer could directly approach the court and file a complaint. Gul responded in the affirmative but highlighted that a first information report, not a complaint, had been registered in the cipher case. “The case is being heard daily. So far, statements of 25 witnesses have been recorded and three were cross-examined,” the lawyer revealed, adding that there were a total of 28 witnesses in the case. Gul also requested that the IHC di-
rect the special court to conduct the trial after five to six days. “The special court can complete the trial during this time,” he warned. However, Justice Aurangzeb said the court was first issuing notices and adjourned the hearing. At the outset, Justice Aurangzeb said he needed answers to two questions. “This court had ordered that an open trial should be held, why are in-camera proceedings being conducted? Security is not the court’s jurisdiction and we won’t interfere in this,” he remarked. The judge also inquired why in-camera proceedings were being held when the trial was conducted in jail. “Open trial should also be held in jail,” he said, adding that the public should be allowed to attend the hearing. “We were told that family members and media persons were allowed to attend the hearing. But now, once again, a petition has been filed stating that the proceedings have been declared in-camera,” Justice Aurangzeb noted. For his part, AGP Awan responded that just the recording of testimonies, not the entire trial, was being held incamera. He said the testimonies of 25 witnesses were to be recorded in the case of which the statements of 13 had been recorded and two witnesses had been cross-examined. “The defence lawyers have not yet cross-examined 10 remaining witnesses,” he said, adding that the gag order on media was issued after the testimonies of 13 witnesses had been recorded. Here, the court asked if family members were still allowed to attend the hearing to which the AGP said the media too was allowed to cover the trial after the statements of the remaining 12 other witnesses were recorded. “How was the media allowed when the trial court order [on in-camera proceedings] was not challenged?” the IHC asked.
Court turns down police request for 30-day physical remand in GHQ attack case RAWALPINDI
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The court of a judicial magistrate on Thursday rejected the police request for a 30-day physical remand of Pakistan Tehreek-e-Insaf (PTI) Vice Chairman Shah Mahmood Qureshi and sent him to jail on Judicial remand in 12 cases registered against him following May 9 riots. Qureshi was presented before Duty Magistrate Syed Jahangir Ali’s court in the GHQ attack case under strict security. At the outset of the hearing, police sought a 30-day physical remand of the former foreign minister but the plea was opposed by the lawyers of the PTI vice president. The lawyers argued that those named in the May 9 violence cases were acquitted and urged the court to acquit Shah Mahmood Qureshi. On Wednesday, Pakistan Tehreek-e-Insaf (PTI) vice chairman, Shah Mahmood Qureshi, was manhandled and rearrested from outside Adiala jail. Punjab’s RA Bazaar police station
cops rearrested Shah Mahmood Qureshi after his release from Adiala Jail on bail in cypher case on Supreme Court orders. The release came after police pleaded to end the 15-day detention orders of the former foreign minister under 3-MPO. ‘PHYSICALLY AND MENTALLY TORTURED’ During proceedings, PTI Vice Chair-
man Shah Mahmood Qureshi told a Rawalpindi court on Thursday that he was “physically and mentally tortured” in prison last night. The PTI leader said this while recording his statement during a hearing at the Rawalpindi Judicial Complex. Qureshi was released from Adiala Jail on Wednesday after the Supreme
ISLAMABAD
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Caretaker Prime Minister Anwaar-ul-Haq Kakar on Thursday said that in view of shocking situation of Palestine, the government of Pakistan had completely banned all kinds of events regarding the New Year celebrations to express solidarity with the oppressed Palestinians. In a special televised message, he said the entire Pakistani nation and the Muslim Ummah were deeply saddened by the massacre of the oppressed Palestinians, especially the innocent children, and the genocide of innocent Palestinians in Gaza and the West Bank. “Since October 7, 2023, more than 21,000 innocent Palestinians have been martyred due to the brutality of the Israeli forces, including a large number of innocent children, which has reached around 9,000,” the prime minister remarked. He said to stop the Israeli bloodshed, Pakistan had raised its voice for the oppressed Palestinians at every forum of the world and it would always continue to speak in future as well. PM Kakar pointed out that Pakistan had sent two consignments of relief goods to help its Palestinian brothers and sisters, while the third consignment was also being sent soon. Likewise, he said the government of Pakistan was in close contact with Egypt and Jordan for timely relief of the Palestinians, evacuation of the injured from Gaza and their treatment. The prime minister prayed to Allah Almighty that may the sun of the new year rise with the message of peace, prosperity and harmony for Pakistan and rest of the world.
ECP ‘reportedly’ moves SC against PHC’s decision on CONTINUED ON PAGE 03 RO Kohat suspension
Qureshi says he was ‘tortured physically and mentally’ as court sends him to jail on remand g
Govt bans New Year celebrations in solidarity with oppressed Palestinians
Court had approved his post-arrest bail in the cypher case. However, the PTI leader, who tried to talk to the Punjab police on multiple occasions, was “pushed and whisked away” from outside the prison. It was later found out that the former foreign minister was arrested in connection with a case pertaining to the attack on General Headquarters (GHQ) in Rawalpindi on May 9. He was initially moved to the Cantt police station by the police, who maltreated him. Today, Qureshi was brought to the court of Duty Magistrate Syed Jahangir Ali in a police armoured vehicle. A video shared by the PTI on social media showed policemen escorting a handcuffed Qureshi to the court. Speaking to media persons ahead of the hearing, the PTI leader’s daughter Meher Bano Qureshi expressed displeasure at the security arrangement made outside the court. “It seems as if they are presenting a terrorist,” she said. “No one is allowed to enter the Judicial Complex,” Meher Bano pointed out, adding that the police’s behaviour was disappointing.
ISLAMABAD
The Election Commission of Pakistan (ECP) ‘reportedly’ on Thursday filed an appeal in the Supreme Court (SC) against the decision of Peshawar High Court (PHC) regarding suspending Kohat returning officer. The PHC had suspended the commission’s order regarding the appointment of Irfanullah as returning officer (RO) for PK-91 Kohat-II. The ECP was of the view that the constituency PK-91 Kohat was now technically without a returning officer and it was become difficult for the commission to conduct elections in these circumstances. The scrutiny of nomination papers would continue till December 30, and due to hindrance in security of nomination papers, the elections in PK-91 were also feared to be delayed. Only yesterday, the Election Commission of Pakistan (ECP) had expressed concerns over the Peshawar High Court (PHC) order against the appointment of a returning officer, noting “it is becoming difficult” for the electoral body to hold polls. The concerns were expressed in the ECP huddle on Wednesday, wherein the electoral decided to file an appeal in the Supreme Court against the PHC order suspending the appointment of Irfanullah as RO for PK-91 Kohat-II. Sources informed the decision was taken after the ECP discussed threadbare the matter and sought legal opinion from the commission’s experts. “The meeting noted that following the PHC order, the very constituency is now technically without a returning officer. In these circumstances, it is becoming difficult for the Election Commission of Pakistan to conduct elections,” sources said, referring to the commission’s huddle here at its secretariat, after having received the provincial high court order.
Army top brass reiterates all ‘requisite, necessary support’ to ECP for Feb 8 elections CONTINUED ON PAGE 03
RAWALPINDI
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Pakistan Army’s top brass on Thursday vowed to provide all “requisite and necessary support” to the Election Commission of Pakistan (ECP) for the conduct of upcoming general elections, scheduled for February 8, 2024 in the country, the military’s media wing said on Thursday. The Inter-Services Public Relations (ISPR), in a statement, the army affirmation was made during the two-day-long 261st Corps Commanders’ Conference (CCC) — held at the General Headquarters, with Chief of Army Staff (COAS) General Syed Asim Munir in the chair. “Forum noted that requisite and necessary support will also be extended to Election Commission of Pakistan for forthcoming general elections,” the military’s media wing said. ‘Ongoing Actions Illegal Economic Activities Reviewed’ The high-level moot took a “holistic review” of the government’s ongoing actions against smuggling, money laundering, power theft and hoarding of essential items amongst other illegal economic activities.
“Pakistan Army will continue to provide all-out support to relevant government institutions and LEAs (law enforcement agencies) to curb such crimes,” the ISPR said. It added that the forum was briefed on the operational preparedness of formations and Chief of Army Staff General Asim Munir (COAS) stressed the need for “continuously maintaining operational excellence in cognitive and physical realms and pursuit
of high standards of motivation and training”. The meeting’s participants further reiterated their support for the government’s ongoing efforts to promote socioeconomic growth and encourage foreign investment under the umbrella of the Special Investment Facilitation Council. The forum also expressed full solidarity with Palestinians and condemned the “serious human rights violations and war crimes”
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being perpetrated in the Gaza Strip by the Israeli military after the October 7 surprise Hamas attack. The military moot reiterated the government’s stance of demanding an immediate ceasefire in Gaza and a peaceful resolution to the ongoing crisis. TERRORISTS TO BE DEALT WITH ‘FULL MIGHT OF STATE’ Separately, the forum addressed the
CONTINUED ON PAGE 03 issue of rising terrorism in the country and resolved that “all terrorists, their facilitators and abettors, working on the behest of hostile forces to destablise Pakistan will be dealt with full might of the state.” The army moot also reiterated the military’s resolve to “defend the sovereignty and territorial integrity of Pakistan against direct and indirect threats”. The ISPR said the participants were briefed on the prevalent geo-strategic environment, the challenges to national security and the army’s strategy in response to the evolving threat. “The sanctuaries and liberty of action available to the terrorists of proscribed TTP (Tehreek-i-Taliban Pakistan) and other groups of that ilk in a neighbouring country and availability of latest weapons to the terrorists were noted as serious points of concern impacting security of Pakistan,” the ISPR said. The forum paid tribute to the “supreme sacrifices” of martyrs such as officers and men of the armed forces, LEAs and citizens who laid their lives to ensure peace and stability in the country. The participants also offered prayers for the martyrs, including those of the Dera Ismail Khan attack. Ahead of the much-awaited polls, several political actors have warned that there are security threats to the February 8 elections and given the recent rise in terrorism, they demanded that the law and order situation should be conducive.
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