ISLAMABAD: The interim government prayed to the Supreme Court to set aside the Islamabad High Court (IHC)’s judgment declaring the jail trial of former prime minister Imran Khan in the cypher case illegal.
The ministries of law and interior, on Friday, filed the petition, contending that the IHC’s order was “not in consonance with the law” and “travelled beyond the jurisdiction”.
FIA director general, Inspector General of Police, Islamabad, District Magistrate/Deputy Commissioner of Islamabad, Judge Abual Hasnat Zulqarnain of the Special Court established under the Official Secrets Act and superintendents of Adiala and Attock jails are cited as respondents in the case.
The petition raised a number of questions, including the legality of the IHC proceedings and the maintainability of Imran’s appeal. It argued that the IHC’s order was “not sustainable” as the ex-premier’s appeal was “not competent” and the “assumption of jurisdiction” by the IHC divisional bench was “erroneous”.
“Hence, the impugned order dated 21.11.2023 is liable to be set aside,” the petition prayed, elaborating that Imran’s intra-court appeal was “not competent”. “Divisional Bench of the Islamabad High Court has travelled beyond the jurisdiction and relief not claimed in the writ petition was also allowed,” said the application.
It further said the IHC’s order was “not maintainable in the eye of law” and the high court had gone beyond the prayer made in the petition.
Citing previous apex court’s orders, the plea stated that “proceeding is something having the backing of judicial order or judicial process” and “action of the executive cannot be termed as proceedings in any manner whatsoever”.
“The Official Secret Act does not revolve around the ouster of some secrets and if unauthorized ouster of secrets can be made public by way of judicial proceedings conducted in public may prejudice the national security and might adversely affect the state sovereignty,” the government said.
It added that Section 14 [exclusion of public from proceedings] of the Official Secret Act, 1923 was not properly discussed by the IHC bench. “[The] principle of open trial has not been rightly applied in the cases of Official Secret Act and the intention of the legislature in introducing Section 14 of OSA was to protect state-level secrets,” the petition stated.
The plea further said that the “doctrine of open trial in a secret matter like a cipher is injurious to the entire scheme of law”.
“It is respectfully submitted that leave to appeal may please be granted from the impugned judgment dated 21.11.2023 passed by Divisional Bench of Islamabad High Court, Islamabad in ICA No.367/2023 in the interest of justice,” it concluded.
The IHC on August 29 had suspended the PTI chief’s sentence in the Toshakhana case, but a special court established under the Official Secrets Act had directed jail authorities to keep Imran in “judicial lockup” in the cipher case.
A notification issued by the Law Ministry the same day had stated that the Law and Justice Division had “no objection” to Imran’s trial in the cypher case being held at Attock Jail. In September, Imran was shifted to Adiala Jail.
Copyright Business Recorder, 2024
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