cypher case

• Chairman PTI challenged notification of appointment of Judge.
• Justice Aamer Farooq issued 10-page written decision.
• Chairman PTI’s plea against jail trial has also been rejected.

ISLAMABAD: The Islamabad High Court (IHC) rejected the Pakistan Tehreek e Insaf chairman’s plea against the appointment of a judge who heard the cypher case and upheld the appointment of Judge Abul Hasanat Muhammad Zulqarnain as a special court judge under the Official Secret Act.

Apart from this, Chairman PTI’s plea against jail trial has also been rejected.

Islamabad High Court Chief Justice Aamer Farooq issued a 10-page written decision on the PTI chairman’s request.

According to the decision of the Islamabad High Court, Chairman PTI challenged the notification of the appointment of Judge Abul Hasanat Zulqarnain dated June 27, 2023. There is no legal validity in the appointment of a special court judge under the Official Secrets Act.

The judgment said that under Section 13 a Magistrate or higher court can be appointed under the Official Secrets Act. The assignment of an ATC judge to the Official Secrets Act Special Court is not inconsistent with Section 13.

The verdict further said that the reasons for the jail trial of Chairman PTI are genuine as he is facing security concerns and his decision to jail trial is not based on malice.

The judgment said that according to the record, Chairman PTI was heard in jail given the threat to his life, it is not correct to say that there was abuse of power while issuing the NOC.

In the decision of the Islamabad High Court, it was further said that the petitioners have been mentioning security concerns before the court.

The judgment held that the petition against the jail trial of Chairman PTI is disposed of as not on merit, he can approach the trial court if he has jail trial concerns.

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