Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has lodged a petition with the Islamabad High Court (IHC), contesting the selection of Judge Abual Hasnat Zulqarnain, an anti-terrorism court (ATC) judge, to preside over the special court established for cases under the Official Secrets Act.
This development follows the special court’s decision to prolong Imran Khan’s judicial remand until September 13, amidst a series of legal developments.
The extension of Imran Khan’s judicial remand by the special court stems from the Islamabad High Court’s suspension of his three-year imprisonment sentence in the Toshakhana case, a conviction handed down on August 5.
The said special court’s directive, issued subsequent to the Islamabad High Court’s suspension of the sentence, has directed the authorities at Attock District Jail, where Imran Khan is currently detained, to maintain him under “judicial lockup.”
This decision relates to the ongoing cipher case, involving a missing diplomatic document reportedly connected to Imran Khan.
The PTI alleges that this document carried a threat from the United States to depose Imran Khan from his position. This case also encompasses proceedings against Shah Mahmood Qureshi, the former foreign minister and PTI’s vice chairman.
Judge Abual Hasnat Muhammad Zulqarnain, presiding over the special court, instructed the Attock jail superintendent via a written communication to retain Imran Khan in judicial remand for the cipher case, despite the suspension of his incarceration in another matter.
Security concerns surrounding Imran Khan’s trial in the cipher case prompted a communication from the interior ministry to the law ministry. The Law and Justice Division did not object to conducting the trial at Attock jail, leading to an in-camera hearing of the case conducted by Judge Zulqarnain.
Challenges were faced by the PTI’s legal team from the police ahead of the hearing, with only one lawyer permitted to enter the jail premises.
Following the hearing, Barrister Salman Safdar, Imran Khan’s legal counsel, characterized the case as baseless and disclosed intentions to file a bail plea. Safdar criticized the apparent politicization of cases against PTI leadership and underlined that the trial was yet to commence.
Imran Khan appeared before the court, accompanied by representatives from the Federal Investigation Agency (FIA) and PTI’s legal advisors. Subsequent to the hearing, Judge Zulqarnain returned to Islamabad.
Barrister Safdar later confirmed a 14-day extension of Imran Khan’s judicial remand and the issuance of a notice on his post-arrest bail application, with respondents required to respond by September 2. An interaction with Imran Khan revealed his optimism and insights on the cipher case.
Safdar questioned the applicability of the Secrets Act in this case, stating its usual relevance to military and internal espionage matters. He expressed concern over the prosecution of former premier and foreign minister and revealed their recent awareness of Imran Khan’s judicial remand in the cipher case.
The special court is scheduled to consider the bail plea on Saturday, alongside addressing two other petitions—one challenging the trial’s legitimacy and the other urging an open hearing.
Safdar highlighted admissions from former interior minister Rana Sanaullah and the FIA about the original cipher document’s existence. Moreover, Safdar emphasized that the document was discussed and declassified in government meetings, raising doubts about the case’s foundation.
