IHC reserves ruling on PTI chairman’s petition for dismissal of cypher case
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Islamabad High Court (IHC) Monday reserved the ruling on the two separate applications of bail and dismissal of the case of Pakistan Tehreek-e-Insaaf Chairman Imran Khan in cypher case after completing the arguments of the lawyers, reported 24NewsHD TV channel.
Earlier, during arguments Chief Justice Amir Farooq inquired of Khosa whether there is a law to declassify documents in Pakistan like America.
Khosa said that this cipher was declassified by the federal cabinet, Liaquat Ali Khan was killed in this country while what happened to Zulfikar Ali Bhutto and Benazir Bhutto is also in front of you.
He said that the cypher was sent to the Foreign Office by Asad Majeed. US official Donald Lu threatened to oust the country's prime minister. It has been established this was an interference in Pakistan's internal affairs, he added.
Then Khosa read the Prime Minister's affidavit before the court which says that the Prime Minister has to tell that there is no danger to the country, it is for the Prime Minister himself to judge that there is no danger to the country from any act.
Khosa also read the oath of the ministers in front of the court.
The court inquired if he was saying that he who thinks it is right, could disclose it.
Khosa replied in the affirmative asserting that the Prime Minister could disclose what he thinks is right. If the previous coalition wanted to remain a slave then it was its political weapon, he added.
The court stopped Khosa from naming any party.
The PTI lawyer said that this matter went to the meeting of the National Security Committee and it was decided in the committee that a diplomatic protest would be made to the US. In the meantime, the Prime Minister was dismissed.
Khosa said that Bhutto Sahib was also brought to the dock in the court of Maulvi Mushtaq, where the PTI chairman was also brought to the dock. He is the former prime minister and has rights, he said adding that the prosecution came with the statement of former principal secretary Azam Khan who went missing for three weeks, and suddenly he appeared and claimed that the PTI chairman PTI took the cipher with him. Azam’s statement is ridiculous, Khosa said.
The PTI lawyer said that they did not give us anything, but now they are saying that tomorrow they will frame the charge. He requested the judge to see what Sessions Judge Humayun Dilawar had done to them. He said that the source of power is the people. He said that state means parliament, provincial assemblies and local governance. But we have made the government, a state.
The Chief Justice remarked that we have mixed up the concepts of government and state.
Khosa said that some authority has been taken by the powerful circles, the nation has expectations from the higher judiciary and he hopes that the court would stand up to protect the rights of the citizens.
The lawyer argued that Section 5 does not apply in the cypher case. He said Imran Khan’s government was removed through a conspiracy and the PDM claimed that the premier was removed after losing the trust vote in parliament. He said Imran claimed that he did not possess a cypher while a cypher was in the foreign office.
The lawyer wondered who told them to write that code in the FIR.
The Chief Justice inquired of the lawyer whether he wanted to say that neither the Act nor Section 5 was applied in this case.
Imran Khan's lawyer said that yes, the Act does not apply here nor does Section 5. He said this is not a prohibited place, if there is a conspiracy against the country, it is the job of the Prime Minister to tell the people.
Khosa read the provisions in the FIR which also carries a provision in which a death sentence is awarded.
Then the lawyer also submitted written arguments in the court.
During the proceeding of the case in the court, the FIA special prosecutors Raja Rizwan Abbasi and Shah Khawar also completed their arguments.