ISLAMABAD, Sep 04 (Online): Hearing of bail plea of chairman PTI Imran Khan and PTI leader Shah Mehmood Qureshi in cipher case has been adjourned being judge of special court on leave.
The hearing of chairman PTI and Shah Mehmood Qureshi could not take place in special court set up under official secret act being the judge Abul Hasnat Muhammad Zulqarnain on leave.
The court had summoned arguments from the respondents. However according to court’s staff Judge Abul Hasnat is on leave till Friday.
Raja Jawad Abbas Hassan took up the case for hearing being judge Abul Hasnat Zulqarnain on leave.
Babar Awan, Suleman Safdar and Shoaib Shaheen appeared in the court.
Babar Awan said ” you are duty judge. we request you to hear the petition for bail after arrest plea.
Judge Raja Jawad Abbas Hassan said ” I am not duty judge. You should talk first. Then I tell.
Duty Judge Raja Jawad Abbas Hassan said this is case of official secret act. I cannot exercise authority in this court. If you want I should hear then you will have to get order from high court. There are 24 courts wherein my jurisdiction can be exercised . Official secret court is not included in these 24 courts.
Babar Awan advocate said as per law judge is not on leave. You pleas issue order we will act upon it.
Judge Raja Jawad Abbas Hassan said if you want to file bail plea before me you can do so.
Babar Awan said we will file petition after consultation.
Later bail plea of chairman PTI was placed before duty judge for hearing. It was said in the plea duty judge can hear bail plea.
During the hearing FIA prosecutor said how can they file petition in this court?
PTI lawyers replied you can hear the petition being duty judge.
Junior lawyer said “if you say it is not in my powers and I am helpless, then we will go to high court.
Judge Raja Jawad Abbas said “you don’t know me. Otherwise you would not have used word helpless because I am not helpless.
Barrister Suleman Safdar said duty judge can reject the bail plea being not persuaded then why duty judge cannot hear now?
The court remarked had there been notification that duty judge can hear if judge is on leave then I would have heard.
Barrister Suleman Safdar said you write it that you cannot hear this case.
Later the court issued notice to hear the bail plea of chairman PTI till 1200 hrs.
The court summoned the arguments about hearing of bail plea by duty judge in cipher case.
Barrister Suleman Safdar argued our petition has to be heard by some one judge. It is issue of basic rights. The hearing of the bail plea was adjourned in previous hearing as writ petition was filed in high court.
That was a separate issue. The objection raised by prosecution is incomprehensible that why the plea cannot be heard. Judge Abul Hasnat Zulqarnain is on long leave. This is matter of bail after arrest. If court cannot give any decision then we have to go where.
Special prosecutor Rizwan Abbasi said we will assist the court in this matter. It is not correct to give same impression every time. Common men are lying in jail. Had judge been on leave then would their like petition have been heard. Or there is separate law for common man.
The court observed interval.
As the court resumed proceedings, the counsel Suleman Safdar requested the court staff to fix the hearing of cipher case on Thursday.
The court adjourned the hearing of the case till September 07.
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