ISLAMABAD, January 31 (Online): Islamabad High Court (IHC) has declared as correct notification regarding jail trial of PTI founder Imran Khan in Toshakhana and 190 million pounds cases.
Chief Justice (CJ) IHC Aamer Farooq and Justice Tariq Jahangiri issued the detailed decision.
The court rejected the objections of petitioner on appointment of judge of Accountability Court (AC).
The court while rejecting PTI founder petitions against jail trial in two NAB references remarked prima facie jail trial is there keeping in view life threats to the petitioner. Apparently jail trial is not based on malafide intent.
It has been said in the decision that the powers for determining the venue of sessions court rest with the executive as per NAB law. If executive order is not there then the respective court can issue order for hearing the case on some other venue. In the presence of executive order, the respective court has to hear the case at the given venue.
IHC remarked the appeal related to the pending hearing matter under official secret act was before two members bench in cipher case.
Due to lack of clear law in official secret act with reference to determination for venue of the court , section 352 of criminal procedure will be applicable to official secret act case.
The court said that high court rules and section 352 of criminal procedure will be applicable only when sessions court passes order in regard to venue. This objection is correct that notification of jail trial was issued before filing the reference.
The court further remarked the proceedings cannot be declared null and void on the bases of executive order or any order of trial court. It is clear in section 357 of criminal procedure that which proceedings can be nullifed and which proceeding cannot be annulled.
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