IHC rejects PTI founder plea to stay cipher trial

ISLAMABAD, DEC 28 (ONLINE): Islamabad High Court (IHC) has rejected PTI founder plea to stay cipher trial.
PTI founder Imran Khan petition against trial court December 12 order in cipher case came up for hearing before single bench of IHC led by Justice Miangul Hassan Aurangzeb here Thursday.
During the course of hearing the court issued notice and sought reply.

The counsel for petitioner requested the court to stay the trial.

Justice Miangul Hassan Aurangzeb remarked that notice is being issued. Later the court will see this matter.

Usman Riaz Gul counsel for PTI founder read out December 12 order in the court and took the plea that the court’s proceedings is not being conducted in trial court as per requirement of sub section 3 of section 13. The word complaint has been mentioned in the law and not of FIR. This is special law and court’s proceedings is possible under it.

The court inquired what is your point. What formality has not been fulfilled.

The counsel told this proceedings is moving ahead under FIR rather than complaint which is not correct legally. As per law the competent officer of the government was to file compliant directly in the court. But here even complaint has not been filed. Instead of it FIR has been registered.

Justice Miangul Hassan Aurangzeb remarked this notification meets the requirements of section 13 (6).

Counsel Usman Riaz Gull said the court could not understand this matter. Statements of 25 witnesses have been recorded. cross questioning in respect of 3 witnesses has completed. Total witnesses are 28.

The counsel requested the court to halt the trial for some days. Otherwise the trial court will give final decision of the case till then. Because trial is running on day to day basis.

The court remarked first we will issue notice and then court will see this matter.

The court rejected the plea for granting stay order regarding cipher trial.
FIA prosecutor received notice in court room on this occasion.
Later the court adjourned the hearing of the case.

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