Justice Athar Minallah writes additional note in SC’s cipher case order

ISLAMABAD: Justice Athar Minallah has penned down an additional note in the Supreme Court’s (SC) order, which approved the post-arrest bail of former prime minister Imran Khan and ex-foreign minister Shah Mahmood Qureshi in the cipher case, ARY News reported on Friday.

A three-member bench headed by Justice Sardar Tariq Masood and comprising Justices Athar Minallah and Syed Mansoor Ali Shah granted bails to Pakistan Tehreek-e-Insaf (PTI) leaders, both of whom are incarcerated at Adiala Jail, in the cipher case.

Despite being granted bail, Imran Khan is not expected to be released as he has also been arrested in the Toshakhana and Al-Qadir Trust cases.

In the written order, the bench said there was “no sufficient incriminating material available at this stage” which showed that Imran communicated the information in the cipher to the public at large or for the benefit of a foreign power.

It said the disclosed information did not relate to any defence installations or affairs and Imran did not disclose “any secret official code” to the public.

Meanwhile, Justice Minallah – who was part of the bench – penned an additional note in which he said that Imran Khan and Shah Mehmood Qureshi were alleged to be involved in an offence which did not fall within the “category of crimes threatening society”.

“PTI leaders’ incarceration would not serve any useful purpose and their release on bail would ensure genuine elections and thus enable the people to exercise the right to express their will effectively and meaningfully”, he noted.

Justice Minallah said it was the ECP and government’s duty to ensure that the public was facilitated in expressing its will through a “genuine election”, adding that it was also bound to ensure that there was no perception of oppression or repression against one political party while others were treated favourably.

“The unflattering electoral history and oppressive treatment of political dissidents during the period of elections necessitates considering the grant of bail favourably as a rule,” he said.

He said that every candidate and political party should have an equal opportunity to reach citizens and have access to electronic media.

“When all the political competitors do not enjoy the same advantages and disadvantages during the election period, then the fundamental rights of the citizens are breached and simultaneously the Constitution is gravely violated,” he said.

Therefore, Justice Minallah said it was inevitable to ensure that every political competitor was treated equally without discrimination and that everyone had the same chance to succeed.