Who can hear PTI chairperson’s bail plea?

The hearing on Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan and former foreign minister Shah Mahmood Qureshi’s bail pleas in the cypher case could not proceed on Monday owing to the judge’s absence.

The duty judge, who was requested by the PTI legal team to hear the bail pleas adjourned hearing till September 7 (Thursday).

The special court, constituted in Islamabad to hear cases under the Official Secrets Act (Amendment) 2023, had sought arguments from parties at the last hearing but the counsels were informed that Judge Abul Hasnat Muhammad Zulqarnain is on leave till September 8 (Friday).

The proceedings today (Monday) were held by duty judge Raja Javed Abbas. PTI chief’s counsels Babar Awan, Salman Safdar and Shohaib Shaheen appeared before the court.

Read Court defers hearing on Imran’s bail plea

Advocate Awan requested the duty judge to hear the post-arrest bail pleas but the judge denied the request.

Judge Abbas informed the counsels that he has jurisdiction over 24 courts but not over the special court constituted specifically for cases filed under the Official Secrets Act.

The judge directed the PTI counsels to obtain an order from the high court if they wish for him to hear the bail pleas.

According to the law, the judge cannot be on leave, said advocate Awan, asking Judge Abbas to issue directives for the PTI legal team to adhere to.

At this, judge Abbas said that the counsels could submit bail applications before him if they so wish to.

The PTI legal team maintained that they would file a plea after consultation.

Shortly after, they filed a plea contending that the duty judge could hear the post-bail pleas.

The Federal Investigation Agency’s (FIA) prosecutor raised objection to this, however.

As arguments continued on whether the duty judge could hear the bail pleas, the PTI legal team sought a written notice directing them to approach the high court. Whereas, judge Abbas said that if there was a notification authorizing him to hear the bail pleas, he would hear them.

The court then took a recess till 12pm while issuing notices and seeking arguments over whether the judge could hear the PTI leaders’ bail pleas in the cypher case.

When the proceedings resumed, advocate Safdar contended that it was a matter of fundamental rights. It is not clear why a duty judge cannot hear post-arrest bail pleas, he maintained, adding that judge Zulqarnain is on leave. “If the court cannot issue an order then where are we to go?” he asked.

Meanwhile special prosecutor, Rizwan Abbas asked whether the law is different for the common man. He asked that if a judge is on leave then are their cases heard?

The court then took another recess. When proceedings resumed for the second time, advocate Safdar requested the court staff to adjourn proceedings on the cypher case till Thursday. The request was granted and the hearing adjourned till Thursday.

The PTI chief and ousted premier Imran is incarcerated in Attock jail while party stalwart and former federal minister Qureshi is imprisoned in Adiala jail.

Legal rigamarole

Separately, on Monday, Imran’s counsel Salman Safdar approached the Islamabad High Court (IHC) to challenge the cancellation of the former premier’s bail in nine different cases including those pertaining to May 9 riots, attack on judicial complex and forgery.

Read more Decoding the cipher

The petition moved the IHC to declare null and void the decisions made in six cases by district and sessions courts and three cases by anti-terrorism courts to cancel Imran’s bail.

Imran’s legal team has contended that the trial courts did not consider merits of the cases while making their decision and prayed IHC to declare cancellation of bail null and void while restraining the authorities from arresting the PTI chief in these cases.

The petition further prayed the high court to direct the lower courts to hear the bail applications again on merit.

Imran has been implicated in at least 150 cases since his ouster from the Prime Minister’s Office in April 2022 through a vote of no-confidence.

He remains incarcerated since August 5 – his second arrest this year post May 9.