Islamabad (Web Desk): Pakistan Tehreek-e-Insaf (PTI) Chairman and former premier Imran Khan on Wednesday challenged his indictment in the cipher case on in the Islamabad High Court (IHC).
In a petition filed through his counsels Salman Safdar and Khalid Yousaf, the PTI chief implored the IHC to declare his indictment null and void citing procedural lapses including the haste with which the case was carried out.
Complainant Yousuf Naseem Khokhar and state have been made parties in the petition.
The petition said that, as per the law, charges can only be framed seven days after the distribution of the case copy, a requirement seemingly overlooked by the trial court.
The former premier pointed out the absence of a directive from the IHC to expedite the trial or to conduct daily proceedings, and argued that rushing the trial could infringe upon his fundamental constitutional rights.
The petitioner highlighted that the lack of central evidence, particularly related to the cypher telegraphs had been overlooked.
The PTI chief contended that the IHC had not issued any direction to the special court to hear case on a daily basis and conclude trial early.
The petitioner said that proceedings with a hasty trial will affect fundamental constitutional rights.
The PTI chief maintained that the trial proceedings cannot move forward in the absence of main evidence (cipher) and prayed the IHC to annual the October 23 decision of the special court.
The cipher case pertains to a diplomatic document that the charge sheet claims was never returned by the former premier
The PTI alleges that the document contained a threat from the United States to oust Imran from office.
Former premier Imran Khan was convicted and sentenced to three years in prison in the Toshakhana graft case on Aug 5.
The IHC suspended his sentence on August 29 but he remained in jail because he was on judicial remand in the cipher case.
On September 30, the Federal Investigation Agency (FIA) had submitted a challan, a charge sheet, in a special court established under the Official Secrets Act naming PTI Chaiman Imran Khan and vice chairman Shah Mahmood Qureshi as the principal accused in the case.
On November 23, both the PTI chief and vice chairman were indicted in the case. The two pleaded not guilty.
Later, the court he court summoned the witnesses in the case and adjourned the hearing till October 27.
