Although the Islamabad High Court has declared the jail trial of PTI Chairman Imran Khan illegal in the cipher case, the decision can be challenged in the Supreme Court.

The court has kept the option for jail trial in short order, legal expert Raja Khalid told Aaj News during live transmission after the IHC decision was announced on Tuesday.

The third point in the court order states that there was no provision in the Code of Criminal Procedure that compelled a magistrate to hold his court in a usual courtroom. “In exceptional circumstances and where it is conducive to justice, a trial can be conducted in jail in a manner that fulfills the requirements of an open trial or a trial in camera provided it is in accordance with the procedure provided by law.”

According to Khalid, the government can challenge the decision in the Supreme Court. He added that a jail trial notification was issued when Khan was receiving threats after an attempt was made on his life.

Another legal expert Hafiz Ahsan picked the bit about the appointment of a judge, saying that the court has declared it “valid and lawful”. He added that a full court order would further explain the decision.

He was of the view that permission from the federal government would not have created the problem of procedure.

“The trial would begin from the stage where it is present now. If the judge has not said anything related to the indictment it will again start from this point,” he said.

Ahsaan added that the jail trial can restart if the government again issues the notification after completing all the requirements.