PTI Chairman Imran Khan, who is incarcerated in Adiala Jail, has invoked immunity under Article 248 (protection to president, governor, minister, etc) of the Constitution in his fresh bail petition in the cipher case.

The two-page court order issued by IHC judge Justice Aamer Farooq said that the lawyer contended that his client had sought quashing of the first information report lodged against him for violating the provisions of the Official Secrets Act, 1923 in the case.

The lawyer contended that the bare reading of the FIR showed that provisions of Section 5 (wrongful communication, etc., of information) of the Act of 1923 were not attracted. “It was further contended that petitioner enjoys immunity as provided under Article 248 of the Constitution,” it said.

Khan has sought that the case should be dismissed due to constitutional immunity and non-applicability of Section 5 of the Official Secrets Act.

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On the appeal, the court sent notice to the respondents, including the Federal Investigation Agency, and asked them to appear on October 16.

The hearing for dismissing the case and stopping the trial would be held on October 16, the court said.

The cipher case is related to a diplomatic document, which reportedly went missing from Khan’s possession. He apparently admitted while appearing before a joint investigation team in Attock Jail. The PTI alleges that it contained a threat from the United States to oust the former prime minister from office.

A special court formed under the Official Secrets Act is set to indict PTI chief Khan and former foreign minister Shah Mahmood Qureshi in the cipher case on October 17.

Earlier this week, Khan challenged the trial court’s order for his upcoming indictment in the cipher case. On Thursday, the IHC combined Khan’s separate petitions seeking to stay the trial court proceedings in the cipher case and dismiss the case altogether.