By Arfa Feroz Zake & Awaid Yousafzai in The News, October 17, 2023
ISLAMABAD: The Islamabad High Court (IHC) Monday found no apparent malice behind conducting Pakistan Tehreek-e-Insaf (PTI)
Chairman Imran Khan’s jail trial in the cipher case, the court’s verdict read, directing him to approach the trial court if
reservations persist.
The court’s decision, announced by IHC Chief Justice Aamer Farooq, came in the wake of hearing Khan’s plea challenging his jail
trial in the cipher case for days with the judge finally wrapping it up today.
The former premier, whose government was ousted following a no-confidence motion in April last year, wanted his trial in the
aforementioned case to be conducted in an open court.
“The jail trial is in favour of PTI chairman in view of his security,” the court said, adding that Khan himself has repeatedly
expressed his fears about his safety.
Qureshi files plea against jail trial
Meanwhile, PTI Vice Chairman Vice Chairman Shah Mehmood Qureshi has also filed a petition in the IHC challenging his jail trial
and requesting the court to annul the trial court’s order of October 9 in which the special court said that both Khan and the
senior politician will indicted in the cipher case on October 17.
The date for the indictment was set after the copies of the challan, submitted to the court by the Federal Investigation Agency
(FIA), were provided to the counsels of the accused.
Mahmood’s petition argued that the court restrained the trial court from indicting him.
“My jail trial continues without notification. The court should stop the jail trial and direct an open trial,” Qureshi pleaded
in his petition.
He also requested the court to conduct the hearing on the matter today.
‘Cipher case made on basis of malice’
On the other hand, the IHC also heard Khan’s plea Cipher case, seeking dismissal of cipher case and stopping its trial.
The court is currently on a break, as the IHC chief justice asked the Federal Investigation Agency (FIA) to give its arguments
after the divisional bench and also told PTI chairman’s lawyer Latif Khosa to return later when he asked the court to stay the
hearing if it had to go for next one.
The FIA prosecutor requested for the hearing to be adjourned till tomorrow.
Meanwhile, during his arguments, Khosa maintained he was ready for arguments.
“If the hearing has to be adjourned then issue an injunction on the trial,” he asked.
However, the judge asked Khosa to proceed with his arguments and also asked the FIA prosecutor to give the written arguments.
Khosa submitted his written arguments later.
“The former prime minister PTI chairman was the country’s chief executive at the time,” the counsel said, speaking about the
time Khan spoke about the cipher.
“The chief executive is empowered by his oath in such a situation,” he added.
The court asked Khosa if there was a law to declassify documents in Pakistan like that in the United States.
“This cipher was declassified by the federal cabinet,” he replied, adding that the cipher was sent to the Foreign Office by
Asad Majeed, Pakistan’s then-ambassador to the US.
Khosa argued that Khan was earlier sentenced to three years of imprisonment in the Toshakhana case on August 5, which was
suspended on August 28. He added that the PTI chairman was, however, already arrested on August 16 in the cipher case.
“It turns out that the Official Secrets Act court rejected physical remand on August 16. The court did this in my absence,” he
said.
Khosa argued that the jail trial took place on August 30, while the hearing was held after the judicial remand.
He added that the former premier has rights. “They have brought forward the statement of Azam Khan who was missing for three
weeks. It is absurd to say that PTI chairman took the cipher,” he said.
Khan’s lawyer said the FIA did not give them anything as evidence and is talking about framing the charge tomorrow.
“The nation has expectations from the higher judiciary. I hope you will stand up for the protection of citizens’ rights,” Khosa
said addressing the court.
He also argued that only the code, and not the word cipher, is mentioned in the Official Secrets Act.
The judge asked Khosa about the three points he placed before the court.
He added that the first thing Khosa mentioned was the exemption of Article 248; the second stated that The Official Secrets Act
and Section 5 do not apply to the case; and the third point mentioned that it was the prime minister’s responsibility to share
the cipher with the public.”
The lawyer stressed that the cipher case was made on the basis of malice and that 10,000 people of PTI have been arrested.
“The century of making cases against PTI chairman has completed,” the counsel said……
https://www.thenews.com.pk/latest/1119767-cipher-case-ihc-finds-no-malice-behind-imran-khans-jail-trial
