In a significant development, the Islamabad High Court has issued an order suspending the jail trial in the Saaf Pani case, responding to an inter-court appeal filed by the Chairman of the Pakistan Tehreek-e-Insaf (PTI). The bench, comprising Justice Mian Gul Hassan Aurangzeb and Justice Samina Raffat Imtiaz, conducted a hearing on the matter, leading to the stay order.
It’s worth noting that the single bench had previously validated the appointment of a judge for the Official Secrets Act.
The PTI Chairman had challenged the official secrets act judge’s appointment while filing an inter-court appeal during the hearing against the jail trial in the Saaf Pani case.
During the proceedings, the Attorney General and Salman Akram Raja, the counsel for PTI Chairman, presented their arguments before the bench. The court sought clarification on the unusual circumstances that led to the jail trial and questioned the need for such an extraordinary legal process.
Attorney General Mansoor Awan assured the court that he would gather records from all relevant authorities to present before the court. The court, headed by Justice Mian Gul Hassan Aurangzeb, emphasized the importance of understanding the circumstances that warranted such an exceptional trial, expressing the need for answers to several crucial questions.
Justice Mian Gul Hassan Aurangzeb commented that knowing the reasons behind the unusual trial is crucial, especially given that the federal cabinet had recently granted approval for the jail trial. He emphasized that the court would scrutinize the notification to understand its contents. He stated that all trials should take place in an open court, and if a trial is conducted in jail, it becomes an extraordinary circumstance.
Attorney General Mansoor Awan clarified that this is not an extraordinary trial but merely a jail trial. The court, during the hearing, expressed its interest in understanding the unique circumstances that led to the initiation of the trial in this manner.
The Islamabad High Court inquired from the Attorney General about the specific instances and circumstances that prompted the decision to conduct the trial in jail. The court’s questions also extended to the potential impact of the approval for jail trial by the federal cabinet on the subsequent judicial actions.
Salman Akram Raja, the counsel for transparency, informed the court that five witnesses are currently available to record statements in jail. The court acknowledged that numerous questions needed answers, especially regarding the federal cabinet’s recent approval for the jail trial. The court sought clarification on the implications of the pre-trial legal actions in the case.
The Islamabad High Court’s stay order on the jail trial in the Saaf Pani case, coupled with the questions raised during the hearing, highlights the judicial scrutiny over the unique circumstances surrounding this legal proceeding. The court’s focus on understanding the reasons behind the initiation of the jail trial underscores the importance of transparency and adherence to legal norms in high-profile cases.
