Justice Mian Gul Hasan Aurangzeb of the Islamabad High Court addressed the Attorney General during a court proceeding, emphasizing the need to ensure that the trial proceeds appropriately. The court stressed the importance of modern technology in the judicial process, stating that justice should not only be carried out but also be transparent and visible.
The Attorney General assured the court that the rights of the accused in the cipher case would be safeguarded. The court expressed its intention not to grant an injunction on the jail trial without hearing the Attorney General’s arguments.
The intra-court appeal against the Chairman of PTI’s jail trial and the appointment of a judge under the Official Secrets Act was being heard by a division bench, including Justice Mian Gul Hasan Aurangzeb and Justice Taman Rifat Imtiaz.
During the hearing, Attorney General Mansoor Usman Awan and Chairman PTI’s lawyer Salman Akram Raja appeared in court. Justice Mian Gul Hasan Aurangzeb asked Salman Akram Raja to consult with his client and inform the court if there were any concerns about the court’s impartiality.
Salman Akram Raja expressed confidence in the court and presented arguments regarding the Ministry of Law’s issuance of a No Objection Certificate (NOC) for the transfer of the trial to Attock Jail. He also mentioned the subsequent notifications issued by the Ministry of Law, which he wanted to include in the court record.
The court inquired about the authority responsible for granting permission for a jail trial and questioned why the trial was being conducted in a small cell within the jail. Salman Akram Raja clarified that the Ministry of Law had requested the jail trial due to security concerns and explained the sequence of events.
The court then raised the issue of whether the division bench could consider the later notifications from the Ministry of Law and suggested allowing the challenge to these notifications. Justice Mian Gul Hasan Aurangzeb asked about the number of witnesses’ statements recorded in the case, to which the prosecutor stated that three witnesses had been presented, but their statements had not been recorded yet.
The court raised concerns about the lack of transparency in the jail trial and noted the existence of a large hall during their visit to the prison. Salman Akram Raja advocated for open access to the cipher jail trial, emphasizing the importance of transparency and the use of technology in today’s legal proceedings.
The court inquired if the Attorney General wished to present arguments during the current hearing, to which the Attorney General requested more time for the next hearing. Justice Mian Gul Hasan Aurangzeb stressed the court’s desire for a speedy decision in the case and suggested that an injunction on the jail trial should be issued.
However, the court ultimately decided to listen to the Attorney General’s arguments, emphasizing that the injunction would not be issued at that moment. The Attorney General assured the court that the rights of the accused would be protected.
Justice Mian Gul Hasan Aurangzeb concluded by emphasizing the importance of not only conducting justice but also ensuring that justice is perceived to be done. The court adjourned further proceedings in the case until the following Tuesday.