The Islamabad High Court has reserved judgment on a plea against the Law Ministry's notification regarding the transfer of the cipher trial against former Prime Minister Imran Khan to Attock Jail.
Chief Justice of Islamabad High Court Amir Farooq heard this request on Tuesday. On this occasion, Afzal Marwat, the petitioner's lawyer, gave arguments and said that under which law the Ministry of Justice transferred the hearing of the cipher case to Attock Jail. This petition was filed on behalf of the accused PTI Chairman and former Prime Minister Imran Khan.
He said that how the trial can be transferred from Islamabad to Punjab. Imran Khan's lawyer said that only the Supreme Court can legally transfer the trial to another province, not the chief commissioner or the secretary of interior to transfer the trial to another province.
He said that if the trial was to be changed, he should have asked the trial judge but was not asked. The petitioner's lawyer Sher Afzal Marwat said that PTI chairman is currently in judicial custody. He said that the procedure for changing the place of hearing of any court is clear in the law and the consent of the judge of the concerned court is also necessary to change the place of hearing.
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The petitioner's counsel said that it is not yet known under which law the notification was issued. He said that under official secret, the trial of civilians is done in a special court.
On this occasion, Additional Attorney General Manoor Dagal told the court that the notification regarding the jail trial was for one time. He said that when the notification was for one time, his petition became ineffective. He said that the Ministry of Law has the authority to issue notification in the Rules of Business.
It should be noted that the court had asked for an explanation of the notification of the Ministry of Law. The Additional Attorney General told the court that the court was shifted to Attock Jail to hear the cipher case only for August 30. The Chief Justice while giving remarks said that jail trial is not something that does not happen, but tell us about the procedure of jail trial.
Chief Justice Islamabad High Court reserved the decision after hearing the arguments. Imran Khan's lawyer said that the decision on another of our requests is reserved and we request that a reserved decision be given. He said that we are facing difficulties due to delay in decisions.
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