Islamabad(Web Desk): The Islamabad High Court (IHC) on Monday reserved its decision on the plea of the Federal Investigating Authority (FIA) for in-camera proceedings on the bail plea of Pakistan Tehreek-e-Insaf (PTI) Chairman and former premier Imran Khan in cipher case.
The petition was filed by FIA Special Prosecutor Shah Khawar in the IHC for an in-camera proceedings on PTI chief’s bail plea in the case, a day before the court was set to take up Khan’s bail plea.
The court remarked “Let's hear the application for in-camera proceedings along with the main application for bail,” with that, the court adjourned for some time.
After a short break, IHC Chief Justice Aamir Farooq, while hearing both the petitions together, inquired if the bail plea could be heard in-camera.
However, Khawar told the court that under the Official Secrets Act, a trial cannot be made public, adding that they would move a similar plea in the trial court.
“There are some statements and information that cannot be made public,” said the lawyer, adding that they also have to place statements related to other countries before the court.
“Sharing such information in an open court can affect Pakistan's diplomatic ties with other countries,” said Khawar.
At this, the IHC CJ observed that when the court would write its verdict on the bail plea it would be made public so why should the hearing be held in-camera?
it is pertinent to mention that last week, IHC Chief Justice Aamir Farooq ruled that today’s hearing on the PTI chief’s bail plea in the cipher case will take place in an open court.
The court stated this in a two-page written order in response to the prosecution's request for in-camera proceedings.
Following this, the FIA, a day earlier, filed a formal petition for an in-camera hearing.
The PTI has, however, reiterated its demand for an open trial and said Mr Khan’s legal team would oppose the FIA’s request.
Moreover, FIA filed a challan (charge sheet) on Saturday in special court, declaring Khan and former foreign minister Shah Mehmood Qureshi as principal accused.
The former principal secretary to PM Azam Khan and former federal minister Asad Umar, have also been named in the challan as accused but won’t be tried.
The FIA cited 27 witnesses in the challan and invoked sections in charge sheet, including Sections 5 and 9 of the Official Secrets Act, which may lead to death sentence or two to 14 years’ imprisonment if proven.