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Plane case: ruling on in-camera proceedings today

RECORDER REPORT

KARACHI: Anti-Terrorism Court Judge Rehmat Hussain Jaffery on Thursday listened to the arguments of the prosecution and the defence, on the application of the prosecution seeking courts orders to hold further proceedings in the October 12 plane conspiracy case in-camera, and reserved his ruling for Friday.

Main accused former prime minister and six others allegedly involved in the case were present in the court. On Wednesday the prosecution had filed an application in the ATC seeking further proceedings of the case in-camera for being in national interest.

The defence council said under section 342 Cr. P.C. the accused has legal rights to defend himself and put on record the circumstances leading to his arrest and initiation of a case against him. They said it is a procedural right and should not be denied to the accused.

The defence said that the accused had been criticised in the media and charged for committing a crime. As all the material and evidence is based on circumstantial evidence, the accused should be permitted to speak and the media be allowed to carry all the proceedings. "We want our side of story be known to the people", he said.

One of the leading defence counsel told Business Recorder that the prosecution might be advised not to press for its application and let the proceedings continue. However, they may keep an application ready to submit before the judge if the accused deviate from the prescribed norms for recording statements.

Soon after the proceedings resumed in the morning leading defence counsel Ejaz Batalvi informed the court that notes prepared by the accused during the recording of statements of prosecution witnesses had been stolen from the Landhi jail.

Batalvi said his client feared that the notes were now in possession of the prosecution. He said the matter had been reported to the superintendent of jail.

Advocate General of Sindh Raja Qureshi, leading the prosecution, said the trial should be held in-camera and portions of statement/arguments prejudicial to the interest of Pakistan should not be allowed to appear in the media.

He said he was not for curbing the freedom of the press but was suggesting that the accused might divulge state secrets which would not be in the national interest.

Batalvi said it would be against the procedural rights of the accused to deny them to freely express their point of view. It is their fundamental right and that should not be denied to them. The official secret act is not applicable in this case, he added.