Islamabad High Court (IHC) Chief Justice Aamir Farooq and Justice Miangul Hassan Aurangzeb while hearing appeals of PTI founder Imran Khan and PTI leader Shah Mehmood Qureshi against their conviction in cipher case on Tuesday, asked the prosecution team if it wanted to seek time for arguments then court can expunge sentence of the accused and give them one month time for preparation, reported 24NewsHD TV channel.
On the occasion, PTI counsel Salman Safdar told the court that the security of the cipher was the responsibility of Azam Khan, then principal secretary of PM as the cipher copy was sent to Azam Khan.
PTI counsel Salman Safdar told the court that the PTI founder was not handed over cipher documents at any time. PTI founder lawyer further said then Foreign Minister Shah Mahmood Qureshi was also not holding the copy of the cipher.
PTI counsel Salman Safdar further contended that Shah Mehmood Qureshi is not related to the charge of keeping the cipher copy. Both willful act and negligence in cipher case cannot be charged at the same time, the counsel argued.
On this, the IHC Chief Justice questioned if Azam Khan received the cipher copy, then wouldn't this be considered the responsibility of the PTI founder?
On the occasion, Justice Miangul Hassan said that the government must have taken care of the cipher document. Justice Miangul Hassan also questioned if anyone had seen the cipher document.
PTI counsel Salman Safdar said that no one has seen the content of the cipher and even the witnesses did not say they read the content of the cipher.
On the occasion, Justice Hassan contended that then why the blame for the document was not placed on Azam Khan.
On this PTI counsel said that it was their point why the main accused Azam Khan was not held responsible instead Azam Khan was made a witness.
PTI counsel claimed that according to Foreign Ministry’s rules if some document is lost, it will not be considered as a crime and it will be considered as a human mistake. Therefore, PTI leaders cannot be blamed for the lost documents and added that owing to human error, a former PM cannot be punished.
PTI counsel Salman Safdar further claimed that Khan and Qureshi were being politically victimized.
On this Justice Hassan questioned that if the cipher case was politically motivated then how a court can give its findings on the case?
PTI counsel claimed that this case was filed against the PTI founder when PML-N leader Rana Sana was Interior Minister.
Moreover, Salam Safdar claimed that when PTI former leader Asad Umar quit the party his name was removed from the case. While Qureshi refused to quit the party, he was implicated in the cipher case.
Salman Safdar further claimed that the statement of Azam Khan cannot be accepted as he was also an accused in the case.
He further said Asad Umar and Azam Kham, the two main accused in the case, were given clean chits when they were party.
Salman Safdar further said that Azam Khan should have given statements as an approver while he gave statements as a witness in the case.
On this Justice Amir Farooq questioned that PTI claimed that the co-accused was made witness rather approver.
On this, Justice Hassan questioned how one civil servant disappeared suddenly and later returned as a witness.
Chief Justice said that Azam Khan’s disappearance and sudden appearance will have an impact on the case’s judgment. Salman Safdar claimed that all cipher case revolved around Azam Khan.
Justice Hassan questioned that cipher case was a very important case while even in a normal criminal case if one accused disappeared and later came back then what would be the importance of his statements?
Justice Hassan further added that it was a very important case and how any important accused can be disappeared and give statements as a witness.
Salman Safdar told the court that cipher case sentence was alarming and the court should weigh all the points in the case. Islamabad High Court adjourns hearing till tomorrow on Imran and Qureshi's appeals.
What is cipher?
A cipher, in this context, refers to a secret method of writing sensitive messages in coded language. The Federal Investigation Agency (FIA) alleged that Imran Khan and Shah Mahmood Qureshi disclosed the cipher of a sensitive diplomatic document under the Official Secrets Act. The document, encrypted and difficult to decode, reportedly contained details of a meeting between US State Department officials and the then Pakistani ambassador, Asad Majeed Khan. The controversial document outlined a meeting on March 7, 2022, between US officials and Asad Majeed Khan. The complete text remains undisclosed under the Official Secrets Act, but The Intercept reproduced a section, revealing a threatening message sent by the US through Pakistan's envoy. This revelation coincided with political moves against Imran, culminating in his ousting after a successful no-confidence vote.
Imran first spoke about the secret document on March 27, 2022, presenting it at a gathering in Islamabad as evidence of an international conspiracy against him. He later claimed that the US had sent a threatening message through Pakistan's envoy. The US State Department has repeatedly denied encouraging Pakistani officials to remove Imran from office.
Reporter: Ehtesham Kiyani