ISLAMABAD: The Islamabad High Court (IHC) on Tuesday heard appeals filed by Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, and former Foreign Minister Shah Mahmood Qureshi against convictions in a cipher case, ARY News reported.
A two-member IHC bench comprising Chief Justice Aamer Farooq and Justice Mian Gul Hassan Aurangzeb resumed the hearing during which the prosecution informed the court that the cipher being a confidential document was not produced in the trial court.
“Which information of the cipher was distorted? The PTI founder maintained that the cipher reads if he is not removed (as the prime minister), the consequences will have to be borne. Are you saying that what the PTI founder said was right? Justice Gul Hasan Aurangzeb asked the prosecutor.
“Yes, the PTI founder is admitting it,” FIA special prosecutor Hamid Ali Shah replied.
Chief Justice Aamer Farooq remarked that in a criminal case, the prosecution has to prove its case. “Even if the accused confesses the offence, the prosecution still has to prove it,” he added.
“The confession from the accused does not mean that the prosecution is discharged (from proving its claims). We have been tired of repeatedly asking what was in that sealed envelope. The cipher may consist of 100 pages or even one paragraph. We (IHC) do not know, the trial court does not know even the prosecution does not know (about the cipher’s text),” Chief Justice Amir Farooq.
The FIA prosecutor said the cipher was not produced in the trial court as it was a confidential document. At this Justice Gul Hasan Aurangzeb remarked that the documents could have been presented by taking irrelevant persons out of the courtroom.
“Are secret documents not supposed to be produced before the court? Did the head of an institution prohibit the prosecution from presenting it?” Chief Justice Amir Farooq asked.
The FIA special prosecutor told the court that the PTI founder also read out the Cipher’s text before representatives of international media organisations.
Later, the hearing was adjourned to Wednesday.
Cipher case
On January 30, a special court hearing cipher case handed a 10-year jail term, each, to former prime minister and Pakistan Tehreek-e-Insaf (PTI) founder and former foreign minister Shah Mahmood Qureshi.
Both the PTI leaders were accused of conspiracy to misuse the contents of the cipher to fulfill nefarious purposes.
The court in its verdict said the prosecution had enough evidence to prove the charges against the former prime minister and ex-foreign minister.
The first information report (FIR) was registered on August 15 under the Official Secrets Act. It was registered on the complaint of the Home Secretary.
Related: PTI founder files pleas against Toshakhana, Cipher case convictions again
Former prime minister Imran Khan and former foreign minister Shah Mahmood Qureshi were nominated in the report, while names of former principal secretary Azam Khan and former planning minister Asad Umar were also mentioned.
The FIR stated that the former prime minister and foreign minister distorted the facts of the diplomatic cipher. “A conspiracy was launched to misuse the contents of the cipher to fulfill nefarious purposes”, it added. It further stated that former premier and top diplomat endangered the state interests.
The report claimed that former prime minister asked Azam Khan – the then principal secretary – to “manipulate the contents of cipher”. “The former premier deliberately kept the copy of diplomatic cipher, which was sent to the PM office”, it added.
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