The Islamabad High Court has nullified the August 29 notification for the jail trial in the cipher case against Imran Khan, the Chairman PTI, and upheld the appointment of the judge under the Official Secrets Act. The court, in its judgment released after a reserved hearing by a division bench, rejected the appointment of a judge under the Official Secrets Act.

Imran Khan’s appeal against the jail trial was accepted, and the court declared the notifications of August 29, September 12, September 25, and October 3 as illegal. The judgment stated that the jail trial notification without a judicial order to the trial court judge, lacking approval from the cabinet, has no legal standing, rendering all past proceedings void.

The court emphasized that, according to the law, a trial can be conducted in jail under exceptional circumstances, either openly or in camera. The decision clarified that the jail trial notification would not be applicable after the cabinet’s approval on November 13, insisting on fulfilling legal requirements for any future jail trial.

Additionally, the court ruled against the appointment of a judge under the Official Secrets Act while affirming the validity of the June 27 notification appointing the Official Secrets Act judge. During the hearing, the Registrar High Court informed the bench that the process of appointing the trial court judge was initiated by the Islamabad High Court, and the trial court judge had informed the High Court before the jail hearing. Lawyer Salman Akram Raja argued that a clear judicial order with reasons from the trial court judge is necessary for a jail trial, with cabinet approval coming later, highlighting the lack of proper legal procedure for issuing a jail trial notification.

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