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Imran’s bail plea in cipher case to be heard in open court, rules IHC

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  • FIA sought in-camera hearing amid concerns over disclosure of sensitive information.
  • Trials of accused facing secrets act violation charges cannot be made public: prosecutor.
  • PTI chief, vice-chairman moved IHC for post-arrest bail in cipher case.

The Islamabad High Court (IHC) on Wednesday ruled that hearing on Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan’s bail plea in cipher case registered under Official Secrets Act will take place in an open court.

The IHC announced a verdict that it reserved earlier this week on FIA’s plea seeking in-camera hearing on the PTI chief’s bail application in the cipher case.

In the verdict today, the IHC said open court hearing on the bail petition will be held on October 9. However, the IHC said arguments by lawyers on documents regarded as sensitive will be heard in-camera.

The FIA on Monday had appealed to the IHC for an in-camera hearing on Khan’s bail plea in the cipher case as it is fearful that an open court hearing could harm Pakistan’s diplomatic ties with other states if the matter is discussed publicly.

FIA Special Prosecutor Shah Khawar had 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. He added 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.

The PTI chief’s lawyer, Salman Safdar, had opposed the FIA’s plea for an in-camera hearing. 

Last month, the PTI chief moved IHC seeking post-arrest bail in the cipher case.

The special court — established under the Official Secrets Act and hearing the case registered against the PTI chief and his party’s Vice Chairman Shah Mahmood Qureshi — had rejected the post-arrest bail applications of Khan and the senior politician.

Both the leaders are currently on judicial remand till October 10 in the cipher case.

The FIA booked them under the Official Secrets Act for allegedly misplacing and misusing the classified document for vested political interests in August this year.

Subsequently, both leaders were arrested in connection with the investigation into the case and a special court was established under the Official Secrets Act to try the accused.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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