Islamabad High Court Declares Imran Khan's Jail Trial Notification Null and Void: What's Next for the Former Prime Minister?

Islamabad High Court Declares Imran Khans Jail Trial Notification Null and Void: Whats Next for the Former Prime Minister?
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In a significant development, the Islamabad High Court has declared the Pakistani government's official notification for the jail trial of former prime minister Imran Khan in the cipher case as null and void. The court issued its verdict on an intra-court appeal filed by Khan against a single bench decision that approved his trial in the Adiala Jail in Rawalpindi. The trial, which has been ongoing in the Adiala Jail since September 26, pertains to allegations that Khan leaked state secrets. The Ministry of Law had issued a no-objection certificate for the jail trial, but the court deemed the government's notification of August 29 as illegal.

However, the court clarified that in extraordinary circumstances, a jail trial can still be conducted, and it is up to the judge to decide whether it should be open or in-camera. The two-member bench emphasized that the trial judge must rule in favor of a jail trial, after which the government can issue a notification accordingly. The court also upheld the appointment of Judge Abual Hasnat Zulqarnain, who is presiding over Khan's trial under the Official Secrets Act. The verdict has created some confusion regarding the future of Khan's trial in jail.

While senior lawyer Yasin Azad states that the trial has come to a halt, he suggests that the government can address the procedural gaps in the trial and even appeal the verdict in the Supreme Court. On the other hand, lawyer Abid Zuberi argues that the court's rejection of the jail trial invalidates all previous proceedings and actions, effectively nullifying the trial from the beginning. In March 2022, Khan and his foreign minister Shah Mahmood Qureshi were accused of violating secrecy laws while handling a communication from Pakistan's embassy in Washington. The missing diplomatic cable was claimed to contain a threat from the United States to topple the PTI government.

The formal trial began with witness statements two weeks ago, after the IHC upheld the indictment when challenged by Khan. However, the trial was stayed pending the decision on the intra-court appeal. While the court's judgment focuses on technical grounds and procedural irregularities, the detailed judgment expected to be issued in due course will further clarify the implications and finer details of the verdict.


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