Cipher conviction appeal hearing: IHC seeks report about progress on Azam Khan kidnaping case

The Islamabad High Court (IHC) Tuesday adjourned the hearing on the appeal against the conviction of ex-PM Imran Khan and former foreign minister Shah Mehmood Qureshi in the cypher case till May 2.

A division bench, comprising IHC Chief Justice Aamer Farooq and Justice Mian Gul Hassan Aurangzeb, resumed the hearing. Federal Investigation Agency (FIA) prosecutor Hamid Shah continued his arguments saying the PTI founder went against his responsibility and kept.

Justice Gul asked the FIA prosecutor to provide the court with a written copy of the cypher movement story so that nothing could be missed. Imran Khan’s Salman Safdar told the court that everything was in the court.

Justice Gul questioned how the cypher reached Azam Khan then.

Azam Khan admitted his staff gave him the copy, the prosecutor said, adding that according to Azam Khan, the prime minister kept the cypher copy

A few days later, he continued the prime minister said that the copy was lost and he asked his staff and military secretary to find it.

The IHC CJ questioned if there was proof of a cypher copy going to the PM from Azam Khan.

“Everything is there. In-and-out registers are there,” the lawyer replied.

Justice Mian Gul Hasan Aurangzeb said no one has objection to the cypher document going to the PMO.

“Tell us about how it reached the premier from Azam Khan,” the court asked, seeking evidence and the prosecutor replied, “No”.

It was observed that Azam Khan must have given the document to the PM and then Demarche was decided as the PM secretary might not have decided on demarche.

Chief Justice Amir Farooq questioned: “How do we know that the PM has not returned the cypher?”

The only evidence of the cypher going to PM from Azam is the statement of Azam, Justice Gul said, adding that Imran Khan’s lawyer is objecting to Azam Khan's statement.

The court also sought a report about progress on the Azam Khan abduction case signed by the advocate general.

The FIA special prosecutor read out the speech of the PTI founder at the March 27 rally and said the PTI founder said he had a document which was a cypher. The IHC CJ questioned: “If I pick up a paper and say that it is an FIR, will you accept it?

The FIA prosecutor replied, “I have no right to deny, my Lord.” The court said: “We are taking up the matter under the criminal law and have to look very carefully.”

He added: “This is a politician speaking at a rally, how can you believe him?

“A politician's statement in a rally is to muster up support.”

The court asked: “If a politician is showing a thing from his pocket at a rally, how can we accept it as a cypher?”