A two-member bench of Justice Mian Gul Hassan Aurangzeb and Justice Saman Raffat announced the decision on Tuesday. The decision was announced while a hearing of the cipher trial was underway in Adiala Jail.

The bench took up petitions against the special court’s constitution and jail trial in the cipher case on Tuesday. Imran Khan was represented by Salman Akram Raja while the Deputy Attorney General Arshad Kiani appeared on behalf of the government.

The bench remarked that allowing a few family members into the jail trial did not make it an oepn court hearing.

Justice Aurangzeb remarked that the notifications issued by the federal government for the jail trial seemed to be prima facie against high cort rules. He also said that many questions needed to be answered about the trial.

The judge also remarked that while IHC’s chief justice had been consulted, the special court was created through an executive order.

The attorney general told the court that the federal cabinet had approved the jail trial in the cipher case and the notification would be presented in court.

Justice Aurganzeb also remarked that the federal cabinet had only approved jail trial two days ago which raised questions over the status of the trial that had already taken place.

The judge also asked under what conditions had the decision for jail trial been taken.

The case of Indira Gandhi’s trial in Tihar jail was also mentioned during the hearing, with Justice Aurangzeb commenting that both cases involved former prime ministers.