Imran Khan, Shah Mehmood Qureshi to be indicted in cipher case on Dec 12

Former prime minister and ex-PTI chairman Imran Khan and former foreign minister Shah Mehmood Qureshi will be indicted in cipher case again on December 12, reported 24NewsHD TV channel.

During proceedings in Adial Jail on Monday, the special court decided to indict both PTI leaders in the cipher case.

The Monday’s hearing was held at Adiala Jail in Rawalpindi by special court Judge Abual Hasnat Zulqarnain.

Imran Khan and Qureshi, who were present in the court, were provided with copies of the case record following a request by their lawyers.

A case was registered against Imran Khan and Qureshi under Sections 5 and 9 of the Official Secrets Act, 1923. It is related to the “misuse” of alleged contents of a diplomatic cipher, cited by ex-premier Imran Khan as proof of the attempt to remove his government.

Imran Khan and Qureshi, who both are behind bars, were first indicted in the case on October 23 last. Both had pleaded not guilty. The trial was being held at Adiala Jail and four witnesses had already recorded their statements, with the fifth being cross-examined when an Islamabad High Court division bench termed the government’s notification for a jail trial “erroneous” and nullified the entire proceedings.

As a result of the judgement, the special court started a fresh trial. Last week, Special Court Judge Abual Hasnat Zulqarnain had ruled that the trial proceedings would continue at the Adiala Jail but in an open court. However, on Saturday, jail authorities prevented media people from entering the jail, with many local and international journalists outside when the hearing began. After the hearing ended, it came to light that three reporters from different TV channels were allowed to witness the proceedings, but that too after the hearing had ended and the prosecutors had already left the courtroom.

Today, the special court judge resumed hearing the case at the Adiala Jail. Family members and lawyers of the incarcerated PTI leaders were in attendance along with special prosecutor Zulfikar Abbas Naqvi and Rizwan Abbasi.

Six members of the media were allowed to attend the proceedings.

At the outset, the judge expressed displeasure at PTI lawyer Usman Gul for not arriving in court on time. “The next hearing should begin on time and witnesses be produced in court,” he directed, adding both the sides should mutually decide a time.

Judge Zulqarnain then instructed the parties to check if all the documents in the case record were present so that the same could be distributed. Here, the PTI lawyer inquired about the law under which the case challan was being distributed, saying that the proceedings could not proceed until the law was explained. “A clear notification should have been issued by the law ministry first,” he added. The PTI counsel also lamented that international media was not allowed to attend the hearing.

For his part, the FIA prosecutor said the law ministry’s notification was clear and the case hearing was being conducted in accordance with that.

“I have to follow the law,” the special court judge said. He highlighted that the public and media were given access to the court under Article 352 of the Code of Criminal Procedure.

“All these [media persons] are here under Article 10A of the Constitution,” the defence lawyer contended, but the judge insisted that the same was the result of the implementation of Article 352.

Imran Khan’s lawyer Gul argued that legal requirement had not been fulfilled in the notification issued for the jail trial. Meanwhile, PTI’s Babar Awan said the proceedings could not continue until a new notification was issued.

However, Judge Zulqarnain said the IHC division bench had declared that the notification pertaining to special court judge’s appointment was correct. He further stated that these arguments would be written in today’s order of the court.

Subsequently, copies of the case record were distributed in the court.

The judge then adjourned the hearing till December 12 and said charges would be framed against the PTI leaders on the same day.

Reporter Farzana Siddique