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ISLAMABAD – Justice Mian Gul Hassan Aurangzeb and Justice Samina Rafat Amtiaz of the Islamabad High Court have issued a detailed verdict, spanning 59 pages, on the decision to put the jail trial in the Cypher case on hold.
The decision references judicial decisions from other countries, including the United States, Canada, and India, emphasizing the principles of open court and transparency in the legal proceedings.
The verdict underscores that the Open Court principle is fundamental to the identification of a democratic society and its application in all judicial actions ensures public access to the judicial process.
The integrity of the legal system is guaranteed by upholding the principles of freedom and impartiality of the courts. The verdict emphasizes the necessity of open courts for maintaining public trust in the justice system.
It asserts that even confinement in jail does not warrant illegal deprivation of the right to judicial proceedings.
Access to the court for the public during jail trials is deemed essential, and the rights of the accused remain unaffected after fulfilling legal requirements.
Furthermore, the verdict states that the decision of a jail trial should be equal for both the accused and the prosecution.
It recognizes the established fact that the founder and Chairman of the PTI’s objections were not considered in the trial, and the magistrate can order a camera trial for witnesses and their own security.
The decision to initiate the trial again despite the approval of the jail trial on October 13 raises questions.
According to the detailed verdict, a letter from November 8 indicates that the judge felt that the trial was not in accordance with the law.
The judge sensed that Lahore High Court rules were not followed for the approval of the jail trial, and the judge wrote to the law secretary first on the matter. The judge needed to ensure that all legal requirements were fulfilled before starting the jail trial.
The accused’s rights are not affected due to unfulfilled legal requirements, leading to the declaration of a jail trial as illegal under the Official Secrets Act.
According to Ihtesham Kiani, a member of the Islamabad High Court, the transfer of the case regarding Cypher from a two-member bench could provide significant relief to Imran Khan.
The verdict states that the present appeal cannot examine the legal point whether Judge Abul Hasanat Zawalqarnain should conduct the Cypher case trial again or not. Still, if there are concerns about the judge’s impartiality towards Imran Khan, a request for case transfer can be filed.
The verdict also mentions that Judge Abul Hasanat Zawalqarnain has taken action on this assumption, stating that when the trial is transferred from the court to jail, it will not be open to the public.
There is no legal basis for this assumption in the relevant military section; instead, Section 352 clearly states that the trial of a military case, whether in jail or elsewhere, should be open.