The special court judge responsible for hearing the bail pleas of incarcerated Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Vice-Chairman Shah Mahmood Qureshi in a case related to the alleged disclosure of state secrets has gone on leave until September 8, causing a significant delay in the proceedings.
Today, as the bail pleas in the cipher case were scheduled to be heard, it was announced that Judge Abual Hasnat Zulqarnain would be absent. The PTI legal team, led by counsels Babar Awan, Salman Safdar, and Shohaib Shaheen, requested the duty judge, Raja Jawad Abbas, to hear the bail pleas. However, Judge Abbas adjourned the hearing until September 7, explaining that he does not have jurisdiction over the special court specifically constituted for cases filed under the Official Secrets Act.
The PTI legal team then filed a plea contending that the duty judge should be able to hear the post-arrest bail pleas. This move was met with objections from the Federal Investigation Agency’s (FIA) prosecutor. Amid ongoing arguments over whether the duty judge could hear the bail pleas, the PTI legal team sought a written notice directing them to approach the high court for clarity on the matter.
Advocate Safdar emphasized the importance of fundamental rights and questioned why a duty judge couldn’t hear post-arrest bail pleas, especially when Judge Zulqarnain was on leave. Special prosecutor Rizwan Abbas raised concerns about the application of the law to the common man, wondering if cases are heard when a judge is on leave.
After a series of recesses and discussions, Advocate Safdar requested the court staff to adjourn proceedings on the cipher case until Thursday. The request was granted, and the hearing has been adjourned until Thursday, September 7.
This delay has left PTI Chairman Imran Khan and Vice-Chairman Shah Mahmood Qureshi awaiting a decision on their bail pleas, raising questions about the legal process and the handling of cases under the Official Secrets Act (Amendment) 2023.
Stay tuned for further updates as this developing story unfolds.