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Special court formed to hear cipher case in camera

by Malik Asad in Dawn, August 22nd, 2023
ISLAMABAD: A special court, established on Monday to hear the cases filed under the Official Sec­rets Act, handed over former foreign minister and vice chairman of Pakis­tan Tehreek-i-Insaf (PTI) Shah Mehmood Qur­eshi to the Federal Inves­tigation Agency (FIA) on a four-day physical remand in the cipher case.

Mr Qureshi is named in the First Information Report (FIR) registered against him under the Official Secrets Act.

The federal government has already notified Judge Abual Hasnat Zulqarnain of the Anti-Terrorism Court as the judge of the special court to preside over the trial under the Official Secrets Act.

Mr Qureshi was presented before Judge Zulqa­r­nain under tight security. The court declared the proceedings as in-camera. Advocate Shoaib Shaheen represented Mr Qureshi.

The prosecutor from the FIA requested custody of Mr Qureshi for the recovery of the missing cipher and related documents.

The judge remanded him into custody for four days and directed the prosecution to produce Mr Qureshi on August 25.

According to the FIR, a case has been registered against former prime minister Imran Khan and Mr Qureshi under sections 5 and 9 of the Official Sec­rets Act, 1923, read with Section 34 of the Pakistan Penal Code (PPC).

They have been accused of wrongful communicat­ion/use of official secret inf­ormation and illegal retention of a cipher telegram (an official secret doc­ument) with mala fide intention, whereas the roles of former SPM Muha­m­mad Azam Khan, former federal minister Asad Umer, and other involved associates will be ascertained during the course of the investigations.

It said former PM Khan, former FM Qureshi and their other associates are involved in communicat­ion of information conta­ined in secret classified doc­ument (cipher telegram received from Parep Washington dated March 7, 2022 to the Secretary, Ministry of Foreign Aff­airs) to the unauthorised per­sons (i.e. public at large) by twisting facts to achieve their ulterior moti­ves and personal gains in a manner prejudicial to the interests of state security.

They held a clandestine meeting at Banigala on March 28, 2022 to conspire to misuse the contents of the cipher in order to accomplish their nefarious designs.

The accused, Mr Khan, with mala fide directed the former principal secretary, Azam Khan, to prepare the minutes of said clandestine meeting by manipulating the contents of the cipher message to use it for his vested interest at the cost of national safety.

Moreover, the numbe­red and accountable copy of the cipher telegram sent to PM Office was deliberately kept by the former PM, with mala fide intention, and was never returned to the Ministry of Foreign Affairs.

The said cipher telegram (official secret document classified as such) is still in the illegal possession/retention of the accused Mr Khan, the FIR claimed.
https://www.dawn.com/news/1771455/special-court-formed-to-hear-cipher-case-in-camera

  1. PAK SCENE- MAY 9 RIOTS- PTI LAWYER- ARMY CUSTODY
    Lawyer affiliated with PTI given in army custody
    by Wajih Ahmad Sheikh in Dawn, August 22nd, 2023
    LAHORE: A lawyer affiliated with PTI has been handed over to military authorities for his trial over his alleged involvement in the attack on the Lahore corps commander’s residence on May 9.

Additional Advocate General Ghulam Sarwar Nahang told Lahore High Court (LHC) on Monday that Advocate Haider Majeed was declared a proclaimed offe­nder (PO) in a case registered in Sarwar Road police station regarding the attack.

The law officer submitted a report on behalf of the police during the hearing of a habeas corpus petition filed by the advocate’s father Muhammad Majeed.

The report said Mr Haider — along with PTI chairman Imran Khan’s nep­hew Hassaan Khan Niazi — was arrested from Abbottabad’s Mirpur police station area by Sarwar Road police.

The report submitted by Mr Nahang said two letters were received from a commanding officer of the military, demanding the custody of both Mr Haider and Mr Niazi for “investigation and inquiry”.

Mr Majeed’s custody was demanded as he was allegedly found involved in offences under the Official Secrets Act, 1923, read with sections 2(1)(d) and 59(4) of the Pakistan Army Act, 1952.

Later, Justice Sultan Tanvir Ahmad adjourned the hearing till Tuesday (today) for further arguments.

Mr Majeed was the second lawyer affiliated with the PTI to be handed over to the military for trial in less than a week.

Last week, the caretaker Punjab government informed the LHC that Barrister Niazi has been handed over to the military for trial over his alleged involvement in the attack on the Lahore corps commander’s house on May 9.

The statement was made during the hearing of a habeas corpus petition filed by Hafeezullah Khan Niazi, the lawyer’s father.

The petitioner’s counsel argued Mr Niazi was unlawfully handed over to the military as he was supposed to be produced before an anti-terrorism court first.

He argued police were not the competent authority to directly hand over the custody of a civilian to military authorities.

Earlier in May, a Rawalpindi Anti-Terrorism Court ordered the handover of eight people be given to military authorities for their suspected involvement in attacks on the General Headquarters and Army Museum as well as the desecration of Martyrs’ Monuments during the May 9 attacks.

The suspects who were handed over to the military included Moha­m­mad Idrees, Umar Farooq, Raja Mohammad Ehsan, Mohammad Abdullah, Ali Hussain, Lal Shah, Sheheryar Zulfiqar and Farhad Khan.

PTI leaders’ remand extended

In a separate development, an anti-terrorism court on Monday extended the judicial remand of PTI leaders Dr Yasmin Rashid, former Punjab governor Omar Sarfraz Cheema, former provincial minister Mian Mahmoodur Rashid and fashion designer Khadija Shah in cases related to May 9 attacks.

The PTI leaders were presented before the court on the expiry of their judicial remand in multiple cases. Mr Cheema used a wheelchair as he was unable to walk due to a medical condition.

The investigation officers told the court that the challans (investigation reports) were being prepared and more time was required for their submission.

Judge Ejaz Ahmad Buttar allowed the police’s request and extended the judicial remand till Sept 1.

The suspects have been booked in cases registered against attacks on the Lahore corps commander’s house, Askari Tower, Shadman police station and party offices of the PML-N in Model Town.
https://www.dawn.com/news/1771469/lawyer-affiliated-with-pti-given-in-army-custody