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Cypher was reality. There is no doubt left in this, no matter what anyone says.
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Contact the PP Team
Major boost for PTI as IHC acquits Imran, Qureshi in cipher case [Update on Post #342]
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Pakistan Tehreek-e-Insaf (PTI) founder, AML chief, Sheikh Rasheed, Shah Mahmood Qureshi and others have been acquitted in two cases registered against them at Bhara Kahu police station
The reserved verdict was announced by Judicial Magistrate Suhaib Bilal. According to verdict, PTI founder Imran Khan, Sheikh Rasheed, Shah Mahmood Qureshi, Saifullah Niazi, Aamir Mahmood Kiani, Pervaiz Khattak, Asad Umar, Ali Nawaz Awan, Raja Khurram Nawaz, Faisal Javed and Shireen Mazari have been acquitted in the Bhara Kahu police station case.
The judicial magistrate reserved its verdict after the completion of arguments from both sides on Tuesday.
Earlier, the District and Session Court of Islamabad acquitted the PTI founder, Asad Umar, Faisal Javed and others in a protest and vandalism case.
Imran Khan, Asad Umar, Faisal Javed Khan, Raja Khurram Shahzad Nawaz, Abid Hussain, Ali Nawaz Awan, Zaheer Khan and others were booked at Tarnol police station on February 26, 2022.
Judicial magistrate Muhammad Shahbir issued the release verdict by accepting their acquittal pleas in the case.
The court judgments mentioned the accused had filed separate acquittal pleas under section 249A of the constitution. The accused can’t be indicted in the case, and an additional trial of the case was a waste of time, the verdict mentioned.
arynews.tv
The reserved verdict was announced by Judicial Magistrate Suhaib Bilal. According to verdict, PTI founder Imran Khan, Sheikh Rasheed, Shah Mahmood Qureshi, Saifullah Niazi, Aamir Mahmood Kiani, Pervaiz Khattak, Asad Umar, Ali Nawaz Awan, Raja Khurram Nawaz, Faisal Javed and Shireen Mazari have been acquitted in the Bhara Kahu police station case.
The judicial magistrate reserved its verdict after the completion of arguments from both sides on Tuesday.
Earlier, the District and Session Court of Islamabad acquitted the PTI founder, Asad Umar, Faisal Javed and others in a protest and vandalism case.
Imran Khan, Asad Umar, Faisal Javed Khan, Raja Khurram Shahzad Nawaz, Abid Hussain, Ali Nawaz Awan, Zaheer Khan and others were booked at Tarnol police station on February 26, 2022.
Judicial magistrate Muhammad Shahbir issued the release verdict by accepting their acquittal pleas in the case.
The court judgments mentioned the accused had filed separate acquittal pleas under section 249A of the constitution. The accused can’t be indicted in the case, and an additional trial of the case was a waste of time, the verdict mentioned.
PTI founder, Qureshi, others acquitted in two cases
ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder, AML chief, Sheikh Rasheed, Shah Mahmood Qureshi and others have been acquitted in two cases registered
arynews.tv
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Lu ‘denying everything’ about cipher meeting: Gohar
It should be mentioned that Lu is the diplomat whose supposed warning to former Pakistan Ambassador to the US Asad Majeed was the subject of a cipher sent by the envoy to Islamabad.
The same document was the basis of ex-premier Imran Khan’s allegation of a US conspiracy to oust his government in 2022. The PTI founder is currently on trial for mishandling the same confidential document.
During the US Congressional hearing on Wednesday, Lu termed the allegations against him by Imran — the crux of the ‘cablegate’ cipher controversy — as a “conspiracy theory, lie and complete falsehood”.
When asked if the election results would have been different if alleged irregularities were not committed, Lu said that was for the ECP to decide. However, the diplomat agreed with the suggestion that the ECP should hold re-election if it found evidence of substantial rigging in some constituencies.
“The US does not go around recognising new governments,” he said, when Congressman Greg Casar, a Texas Democrat, asked him if Washington recognises the new government in Pakistan. The US administration, he said, works with the government in power.
Commenting on Lu’s remarks about the cipher, PTI’s Barrister Gohar Khan termed them a “complete lie”. Speaking to the media in Rawalpindi, he alleged that the US diplomat “denied everything” about his meeting with Majeed.
Noting that it had been almost 20 hours since the hearing, Gohar highlighted that there had been no statement from Majeed on Lu’s testimony. He called for a “re-investigation” of the matter, adding that PTI founder Imran Khan had “demanded it strongly”.
“We call on Asad Majeed to give his statement and to reject what he said that there was no meeting,” the PTI MNA said.
“A conspiracy was indeed carried out against Pakistan, and a day later, the no-confidence motion was moved,” Gohar said, echoing Imran’s stance on the cipher.
“In his statement, Asad Majeed says ‘I had a meeting and these were the contents’. [However,] Donald Lu says that no such thing happened,” he said.
“He (Lu) is denying everything, which is why we are saying that if this is the case, then Asad Majeed should clarify this again,” the PTI chairman added.
About Lu’s comments on the general elections, Gohar highlighted that the diplomat said the US “never used the words ‘free and fair’ for the elections”.
Dawn
It should be mentioned that Lu is the diplomat whose supposed warning to former Pakistan Ambassador to the US Asad Majeed was the subject of a cipher sent by the envoy to Islamabad.
The same document was the basis of ex-premier Imran Khan’s allegation of a US conspiracy to oust his government in 2022. The PTI founder is currently on trial for mishandling the same confidential document.
During the US Congressional hearing on Wednesday, Lu termed the allegations against him by Imran — the crux of the ‘cablegate’ cipher controversy — as a “conspiracy theory, lie and complete falsehood”.
When asked if the election results would have been different if alleged irregularities were not committed, Lu said that was for the ECP to decide. However, the diplomat agreed with the suggestion that the ECP should hold re-election if it found evidence of substantial rigging in some constituencies.
“The US does not go around recognising new governments,” he said, when Congressman Greg Casar, a Texas Democrat, asked him if Washington recognises the new government in Pakistan. The US administration, he said, works with the government in power.
Commenting on Lu’s remarks about the cipher, PTI’s Barrister Gohar Khan termed them a “complete lie”. Speaking to the media in Rawalpindi, he alleged that the US diplomat “denied everything” about his meeting with Majeed.
Noting that it had been almost 20 hours since the hearing, Gohar highlighted that there had been no statement from Majeed on Lu’s testimony. He called for a “re-investigation” of the matter, adding that PTI founder Imran Khan had “demanded it strongly”.
“We call on Asad Majeed to give his statement and to reject what he said that there was no meeting,” the PTI MNA said.
“A conspiracy was indeed carried out against Pakistan, and a day later, the no-confidence motion was moved,” Gohar said, echoing Imran’s stance on the cipher.
“In his statement, Asad Majeed says ‘I had a meeting and these were the contents’. [However,] Donald Lu says that no such thing happened,” he said.
“He (Lu) is denying everything, which is why we are saying that if this is the case, then Asad Majeed should clarify this again,” the PTI chairman added.
About Lu’s comments on the general elections, Gohar highlighted that the diplomat said the US “never used the words ‘free and fair’ for the elections”.
Dawn
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IHC raises questions about cipher text
A divisional bench of the Islamabad High Court (IHC) on Monday expressed bewilderment as it noted that the cipher document was neither shown to the trial judge nor to the prosecution, yet it was stated that the enemy of the country benefited from its misuse.
The bench, comprising IHC Chief Justice Aamer Farooq and Justice Miangul Hasan Aurangzeb, heard the appeal against conviction of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and senior leader Shah Mahmood Qureshi in the cipher case.
The Federal Investigation Agency (FIA) told the bench that the cipher was received in coded form through email that would have been saved in the Foreign Office. However, Chief Justice Farooq remarked that the reply should be specific as the court could not rely on conjectures.
The bench pointed out that the text of the document was not on record and no one knew what the cipher text was yet it was stated that the enemy had benefited from its misuse. The bench asked whether Imran had any access to cipher code, the FIA prosecutor replied in the negative.
The bench asked the advocate general about the court’s order about the CVs of the state-appointed defence counsel. It admonished the advocate general to take court’s order seriously. Later, further hearing of the appeals was adjourned until Tuesday (today).
Separately, Additional District and Sessions Judge of Islamabad Tahir Abbas Sipra heard the bail applications of the PTI founder in six cases and of his wife, Bushra Bibi in one case.
The court directed that the appellants should be presented in the court through video link on April 4.
SOURCE: EXPRESS TRIBUNE
A divisional bench of the Islamabad High Court (IHC) on Monday expressed bewilderment as it noted that the cipher document was neither shown to the trial judge nor to the prosecution, yet it was stated that the enemy of the country benefited from its misuse.
The bench, comprising IHC Chief Justice Aamer Farooq and Justice Miangul Hasan Aurangzeb, heard the appeal against conviction of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and senior leader Shah Mahmood Qureshi in the cipher case.
The Federal Investigation Agency (FIA) told the bench that the cipher was received in coded form through email that would have been saved in the Foreign Office. However, Chief Justice Farooq remarked that the reply should be specific as the court could not rely on conjectures.
The bench pointed out that the text of the document was not on record and no one knew what the cipher text was yet it was stated that the enemy had benefited from its misuse. The bench asked whether Imran had any access to cipher code, the FIA prosecutor replied in the negative.
The bench asked the advocate general about the court’s order about the CVs of the state-appointed defence counsel. It admonished the advocate general to take court’s order seriously. Later, further hearing of the appeals was adjourned until Tuesday (today).
Separately, Additional District and Sessions Judge of Islamabad Tahir Abbas Sipra heard the bail applications of the PTI founder in six cases and of his wife, Bushra Bibi in one case.
The court directed that the appellants should be presented in the court through video link on April 4.
SOURCE: EXPRESS TRIBUNE
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Most copies of cipher returned after FIR against Imran, Qureshi
When the Federal Investigation Agency (FIA) registered a case against former prime minister Imran Khan for withholding the copy of a diplomatic cipher, seven other state offices had not returned their copies to the Ministry of Foreign Affairs (MoFA), court records show.
The confidential diplomatic cable, at the heart of the cipher trial against Mr Khan, was sent to nine top offices, and only the Presidency had returned the copy by the time a case was registered against the ex-PM and former foreign minister Shah Mehmood Qureshi, on Aug 15, 2023.
This is the gist of a reply submitted by MoFA on September 27, 2023, to an FIA letter about the status of the cipher’s copies sent to various offices.
The revelation poses a daunting task for the FIA — the prosecuting agency in the cipher trial — as it will have to justify why only the former PM and foreign minister were singled out for prosecution, when other state offices had yet to return their copies of the confidential document.
Most of the recipients held on to their copies for well over a year and only returned them once proceedings against the ex-PM and his foreign minister were formally underway.
The only exceptions among the eight recipients were the president, who returned the document by June 15, 2023, and foreign secretary, who incidentally returned his copy on the same date as the case against Mr Khan and Mr Qureshi was filed, i.e. Aug 15, 2023.
Eight out of nine copies ‘not returned’
The MoFA reply, seen by Dawn, showed that between March 8 and April 27, 2022, copies of the cipher were sent to the PM’s secretary, president, chief of army staff, Inter-Services Intelligence chief, and Senate chairman. Two copies each were also sent to the cabinet secretary and chief justice of Pakistan.
Three copies — DG ISI’s, Senate chairman’s and the cabinet secretary’s second copy — were returned to MoFA on Sept 26, 2023, only a day before FIA sought the record.
Interestingly, the FIA submitted its query on Sept 27, and MoFA replied the same day. As per the reply, the copies of the cipher sent to the cabinet secretary, chief justice and army chief were also returned the same day.
The only copy marked “not returned” in MoFA’s list was the one sent to the prime minister’s secretary on March 8, 2022. The FIR, registered by the FIA’s Counter Terrorism Wing in Islamabad, charged Mr Khan and Mr Qureshi under sections 5 and 9 of the Official Secrets Act, 1923 and Section 34 of the Pakistan Penal Code (PPC).
They were accused of twisting and disclosing facts mentioned in the cipher for personal gains “in a manner prejudicial” to the state’s security.
The FIR also alleged that Mr Khan retained the confidential diplomatic cable, which had “compromised” the cipher encryption system used by Pakistan’s missions abroad.
According to the FIR, the inquiry was completed on October 5, 2022. However, Mr Khan’s counsel, Barrister Salman Safdar, in a hearing on March 19, pointed out that a formal complaint was filed on Oct 12, 2022.
In another hearing, Barrister Safdar argued that the copy sent to the then COAS General Qamar Javed Bajwa was also returned “after a very long time”.
SOURCE: DAWN
When the Federal Investigation Agency (FIA) registered a case against former prime minister Imran Khan for withholding the copy of a diplomatic cipher, seven other state offices had not returned their copies to the Ministry of Foreign Affairs (MoFA), court records show.
The confidential diplomatic cable, at the heart of the cipher trial against Mr Khan, was sent to nine top offices, and only the Presidency had returned the copy by the time a case was registered against the ex-PM and former foreign minister Shah Mehmood Qureshi, on Aug 15, 2023.
This is the gist of a reply submitted by MoFA on September 27, 2023, to an FIA letter about the status of the cipher’s copies sent to various offices.
The revelation poses a daunting task for the FIA — the prosecuting agency in the cipher trial — as it will have to justify why only the former PM and foreign minister were singled out for prosecution, when other state offices had yet to return their copies of the confidential document.
Most of the recipients held on to their copies for well over a year and only returned them once proceedings against the ex-PM and his foreign minister were formally underway.
The only exceptions among the eight recipients were the president, who returned the document by June 15, 2023, and foreign secretary, who incidentally returned his copy on the same date as the case against Mr Khan and Mr Qureshi was filed, i.e. Aug 15, 2023.
Eight out of nine copies ‘not returned’
The MoFA reply, seen by Dawn, showed that between March 8 and April 27, 2022, copies of the cipher were sent to the PM’s secretary, president, chief of army staff, Inter-Services Intelligence chief, and Senate chairman. Two copies each were also sent to the cabinet secretary and chief justice of Pakistan.
Three copies — DG ISI’s, Senate chairman’s and the cabinet secretary’s second copy — were returned to MoFA on Sept 26, 2023, only a day before FIA sought the record.
Interestingly, the FIA submitted its query on Sept 27, and MoFA replied the same day. As per the reply, the copies of the cipher sent to the cabinet secretary, chief justice and army chief were also returned the same day.
The only copy marked “not returned” in MoFA’s list was the one sent to the prime minister’s secretary on March 8, 2022. The FIR, registered by the FIA’s Counter Terrorism Wing in Islamabad, charged Mr Khan and Mr Qureshi under sections 5 and 9 of the Official Secrets Act, 1923 and Section 34 of the Pakistan Penal Code (PPC).
They were accused of twisting and disclosing facts mentioned in the cipher for personal gains “in a manner prejudicial” to the state’s security.
The FIR also alleged that Mr Khan retained the confidential diplomatic cable, which had “compromised” the cipher encryption system used by Pakistan’s missions abroad.
According to the FIR, the inquiry was completed on October 5, 2022. However, Mr Khan’s counsel, Barrister Salman Safdar, in a hearing on March 19, pointed out that a formal complaint was filed on Oct 12, 2022.
In another hearing, Barrister Safdar argued that the copy sent to the then COAS General Qamar Javed Bajwa was also returned “after a very long time”.
SOURCE: DAWN
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Former PM’s lawyer ‘backs’ questioning by court-chosen counsel
In an apparent bid to avoid a retrial in the cipher case, the counsel for former prime minister Imran Khan and foreign minister Shah Mehmood Qureshi on Tuesday endorsed the cross-examination of key witnesses by state-appointed counsel.
The move comes as a surprise, as it contradicts the stance earlier adopted by the PTI legal team, which has maintained that the Special Court set up to prosecute the case had rushed the process of cross-examination by appointing state counsel.
In January, Special Court Judge Abual Hasnaat Muhammad Zulqarnain, cancelled the defence counsel’s right to cross-examine the witnesses, citing “absence during two court hearings”.
The move irked the PTI founder, who dubbed the trial a “joke” because “the prosecution team and defence counsels both belonged to the government”.
During previous hearings, PTI leaders’ counsel, Barrister Salman Safdar, claimed that the trial court-appointed state prosecutors cross-examined 21 witnesses within a very short span of time.
It is believed that the change in strategy by the counsel is aimed at avoiding a retrial in case the Islamabad High Court (IHC) sets aside the convictions.
The IHC has already declared the proceedings illegal once and sent the case back to the court for a fresh trial.
During the hearing on Monday, Barrister Safdar endorsed the contentious episode, saying that they “were not aggrieved by this cross examination”.
He was arguing before an IHC division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb. Mr Safdar also read out selected paragraphs of the cross examination before the bench to substantiate his contention that the case against Mr Khan was based on hearsay.
According to him, the cipher was not produced before the court and the text message — reportedly sent by a US diplomat — referred to as proof that the issue ruined Pak-US relations was presented in the court without recording the sender’s testimony.
The much talked about demarche issued to the US was also not brought on judicial record, argued Mr Safdar. The case’s star witness, former principal secretary to PM Azam Khan, and other key witnesses, former ambassador to the US Asad Majeed Khan and then additional secretary in the Pakistan embassy, Faisal Niaz Tirmizi, “did not support allegations against Mr Khan”.
In his cross examination, Mr Azam stated that the former PM informed him that the cipher’s copy had been misplaced and directed his military secretary and PM Office’s staff to trace it, argued the counsel.
Also, the ex-secretary didn’t confirm if the document, waved by the ex-PM during a public gathering on March 27, 2022, was the original cipher, said Mr Safdar.
He suggested that the court may play the recording of Mr Khan’s speech at the rally.
Justice Aurangzeb remarked that the transcript of the speech was on judicial record.
Later, the court adjourned further proceedings till April 2 with CJ Farooq announcing that the hearing will start at 1pm and would continue till 4pm.
SOURCE: DAWN
In an apparent bid to avoid a retrial in the cipher case, the counsel for former prime minister Imran Khan and foreign minister Shah Mehmood Qureshi on Tuesday endorsed the cross-examination of key witnesses by state-appointed counsel.
The move comes as a surprise, as it contradicts the stance earlier adopted by the PTI legal team, which has maintained that the Special Court set up to prosecute the case had rushed the process of cross-examination by appointing state counsel.
In January, Special Court Judge Abual Hasnaat Muhammad Zulqarnain, cancelled the defence counsel’s right to cross-examine the witnesses, citing “absence during two court hearings”.
The move irked the PTI founder, who dubbed the trial a “joke” because “the prosecution team and defence counsels both belonged to the government”.
During previous hearings, PTI leaders’ counsel, Barrister Salman Safdar, claimed that the trial court-appointed state prosecutors cross-examined 21 witnesses within a very short span of time.
It is believed that the change in strategy by the counsel is aimed at avoiding a retrial in case the Islamabad High Court (IHC) sets aside the convictions.
The IHC has already declared the proceedings illegal once and sent the case back to the court for a fresh trial.
During the hearing on Monday, Barrister Safdar endorsed the contentious episode, saying that they “were not aggrieved by this cross examination”.
He was arguing before an IHC division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb. Mr Safdar also read out selected paragraphs of the cross examination before the bench to substantiate his contention that the case against Mr Khan was based on hearsay.
According to him, the cipher was not produced before the court and the text message — reportedly sent by a US diplomat — referred to as proof that the issue ruined Pak-US relations was presented in the court without recording the sender’s testimony.
The much talked about demarche issued to the US was also not brought on judicial record, argued Mr Safdar. The case’s star witness, former principal secretary to PM Azam Khan, and other key witnesses, former ambassador to the US Asad Majeed Khan and then additional secretary in the Pakistan embassy, Faisal Niaz Tirmizi, “did not support allegations against Mr Khan”.
In his cross examination, Mr Azam stated that the former PM informed him that the cipher’s copy had been misplaced and directed his military secretary and PM Office’s staff to trace it, argued the counsel.
Also, the ex-secretary didn’t confirm if the document, waved by the ex-PM during a public gathering on March 27, 2022, was the original cipher, said Mr Safdar.
He suggested that the court may play the recording of Mr Khan’s speech at the rally.
Justice Aurangzeb remarked that the transcript of the speech was on judicial record.
Later, the court adjourned further proceedings till April 2 with CJ Farooq announcing that the hearing will start at 1pm and would continue till 4pm.
SOURCE: DAWN
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Imran’s lawyer asks court to disregard Azam’s testimony
The counsel for former prime minister Imran Khan urged the Islamabad High Court (IHC) on Tuesday to discard the testimony of the former principal secretary to PM in the cipher case, since it was ostensibly obtained under dubious circumstances.
Barrister Salman Safdar made this argument before an IHC division bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, which resumed hearing on appeals filed by Mr Khan and former foreign minister Shah Mehmood Qureshi against their conviction in the cipher case.
The counsel pointed out that Azam Khan, once a close confidant of the former PM and an accused in the case, went missing in June 2023.
Then, instead of recording his confession, he testified against the ex-premier before an investigation officer and magistrate, argued Mr Safdar.
He said the case’s first information report was registered on Aug 15, 2023, and Mr Khan recorded his statement on the very next day.
The IHC bench perused the record and found that Azam Khan went missing on June 15 and re-emerged on July 20, recording his statement a month later.
Mr Safdar raised doubts about the ex-bureaucrat’s testimony, arguing that it was recorded under dubious circumstances.
Therefore, the court should not give any credence to his testimony, he argued, adding that the magistrate recorded the statement without issuing prior notice to other accused persons.
Later, the court adjourned further hearing till today (Wednesday) when Barrister Safdar would continue his arguments.
During the course of the hearing, the counsel for PTI leaders has repeatedly questioned the conduct of Mr Khan’s former principal secretary in the case.
‘Under-pressure judges’
Speaking to media persons after attending proceedings in the £190 million corruption case, Mr Khan on Tuesday claimed that he was convicted by “under-pressure judges”.
Mr Khan said that accountability judge Mohammad Bashir, who convicted him in the Toshakhana reference, was under pressure and admitted to the jail hospital due to stress.
Likewise, senior civil judge Qudratullah has said that he could not proceed for a Walima ceremony unless the trial in the Iddat case concluded.
He welcomed the Supreme Court suo moto notice on a letter written by six judges of the Islamabad High Court (IHC), who complained about interference of the intelligence agencies in judicial affairs. However, he said it would have been better if a full court heard the matter.
SOURCE: DAWN
The counsel for former prime minister Imran Khan urged the Islamabad High Court (IHC) on Tuesday to discard the testimony of the former principal secretary to PM in the cipher case, since it was ostensibly obtained under dubious circumstances.
Barrister Salman Safdar made this argument before an IHC division bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, which resumed hearing on appeals filed by Mr Khan and former foreign minister Shah Mehmood Qureshi against their conviction in the cipher case.
The counsel pointed out that Azam Khan, once a close confidant of the former PM and an accused in the case, went missing in June 2023.
Then, instead of recording his confession, he testified against the ex-premier before an investigation officer and magistrate, argued Mr Safdar.
He said the case’s first information report was registered on Aug 15, 2023, and Mr Khan recorded his statement on the very next day.
The IHC bench perused the record and found that Azam Khan went missing on June 15 and re-emerged on July 20, recording his statement a month later.
Mr Safdar raised doubts about the ex-bureaucrat’s testimony, arguing that it was recorded under dubious circumstances.
Therefore, the court should not give any credence to his testimony, he argued, adding that the magistrate recorded the statement without issuing prior notice to other accused persons.
Later, the court adjourned further hearing till today (Wednesday) when Barrister Safdar would continue his arguments.
During the course of the hearing, the counsel for PTI leaders has repeatedly questioned the conduct of Mr Khan’s former principal secretary in the case.
‘Under-pressure judges’
Speaking to media persons after attending proceedings in the £190 million corruption case, Mr Khan on Tuesday claimed that he was convicted by “under-pressure judges”.
Mr Khan said that accountability judge Mohammad Bashir, who convicted him in the Toshakhana reference, was under pressure and admitted to the jail hospital due to stress.
Likewise, senior civil judge Qudratullah has said that he could not proceed for a Walima ceremony unless the trial in the Iddat case concluded.
He welcomed the Supreme Court suo moto notice on a letter written by six judges of the Islamabad High Court (IHC), who complained about interference of the intelligence agencies in judicial affairs. However, he said it would have been better if a full court heard the matter.
SOURCE: DAWN
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Imran Khan and Shah Mehmood Qureshi were not allowed to offer Eid prayers, they were deprived of basic rights citing security reasons. Today, thousands of our workers are imprisoned in innocent jails, they should be released. Zain Hussain Qureshi
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A special court set up under the Official Secrets Act will hear the cipher case against Pakistan Tehreek-e-Insaf Chairman Imran Khan on Tuesday (today) at the Adiala Jail.
Judge Abual Hasnat Zulqarnain will also hear the petition regarding the WhatsApp call of Imran with his sons for which a notice has been issued to the jail superintendent.
In the cipher case, the lawyers are scheduled to cross-examine the prosecution witnesses.
The PTI chairman’s wife, Bushra Bibi, Aleema Khan, Uzma Khan and his nephew, while the accused Shah Mahmood Qureshi's two daughters, wife, and son will also hear the proceedings.
Imran and Qureshi will also be presented in the new court. The jail’s community hall has been declared a regular court.
Tribune
Judge Abual Hasnat Zulqarnain will also hear the petition regarding the WhatsApp call of Imran with his sons for which a notice has been issued to the jail superintendent.
In the cipher case, the lawyers are scheduled to cross-examine the prosecution witnesses.
The PTI chairman’s wife, Bushra Bibi, Aleema Khan, Uzma Khan and his nephew, while the accused Shah Mahmood Qureshi's two daughters, wife, and son will also hear the proceedings.
Imran and Qureshi will also be presented in the new court. The jail’s community hall has been declared a regular court.
Tribune
SportsWarrior
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Looks like Imran Khan is experience what living under real fascism is like. He spent a large part of term accusing Modi of being a fascist, nazi etc. and now experiencing it is actually under the same institution with whom he was on same page. Lol Karma is real.
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Officials didn’t follow rules in handling cipher, IHC told
The counsel for former prime minister Imran Khan, Barrister Salman Safdar, accused ex-principal secretary Azam Khan and the Ministry of Foreign Affairs of not following rules for protecting secret documents, which led to the charge of misplacing the cipher against Mr Khan.
Barrister Safdar argued before the Islamabad High Court division bench on Tuesday that Azam Khan was required to monitor the movement of the confidential diplomatic cable and register its location according to Rule 6 (III) of the Secretariat Instructions. He claimed that Azam Khan did not follow the rules and maintain a record of the secret document.
The counsel also stated that the Ministry of Foreign Affairs was required to hold an inquiry and inform the Intelligence Bureau (IB) and register an FIR under Section 8.17 of the Manual of “Security of Classified Matters in Government Departments.” However, the ministry did not follow the rules, and Azam Khan’s negligence led to the FIA sabotaging its own case by citing him as a prosecution witness.
Barrister Safdar concluded his arguments, and the bench adjourned further hearing till Wednesday (today). Special prosecutor retired justice Hamid Ali Shah will advance arguments from today.
The petition stated that Bushra Bibi suffered from health issues and believed that it was due to eating a poisonous meal. She also claimed discomfort in the sub-jail environment and requested her shifting to Adiala jail.
Bushra Bibi’s petition
Separately, Justice Miangul Hassan Aurangzeb issued notices to the government and the administration of Adiala jail on the petition of Bushra Bibi against alleged violation of her rights.
Bushra Bibi claimed that she was poisoned and subjected to psychological torture in her Banigala residence, which has been declared a sub-jail.
The petition requested the court to ensure protection of her fundamental rights and allow her medical check-up by Shaukat Khanam Memorial Hospital.
Plea dismissed
In another development, the court dismissed a petition filed by Bushra Bibi seeking her transfer from her Banigala residence to Adiala jail due to non-prosecution as her lawyers remained absent during the hearing.
SOURCE: DAWN
The counsel for former prime minister Imran Khan, Barrister Salman Safdar, accused ex-principal secretary Azam Khan and the Ministry of Foreign Affairs of not following rules for protecting secret documents, which led to the charge of misplacing the cipher against Mr Khan.
Barrister Safdar argued before the Islamabad High Court division bench on Tuesday that Azam Khan was required to monitor the movement of the confidential diplomatic cable and register its location according to Rule 6 (III) of the Secretariat Instructions. He claimed that Azam Khan did not follow the rules and maintain a record of the secret document.
The counsel also stated that the Ministry of Foreign Affairs was required to hold an inquiry and inform the Intelligence Bureau (IB) and register an FIR under Section 8.17 of the Manual of “Security of Classified Matters in Government Departments.” However, the ministry did not follow the rules, and Azam Khan’s negligence led to the FIA sabotaging its own case by citing him as a prosecution witness.
Barrister Safdar concluded his arguments, and the bench adjourned further hearing till Wednesday (today). Special prosecutor retired justice Hamid Ali Shah will advance arguments from today.
The petition stated that Bushra Bibi suffered from health issues and believed that it was due to eating a poisonous meal. She also claimed discomfort in the sub-jail environment and requested her shifting to Adiala jail.
Bushra Bibi’s petition
Separately, Justice Miangul Hassan Aurangzeb issued notices to the government and the administration of Adiala jail on the petition of Bushra Bibi against alleged violation of her rights.
Bushra Bibi claimed that she was poisoned and subjected to psychological torture in her Banigala residence, which has been declared a sub-jail.
The petition requested the court to ensure protection of her fundamental rights and allow her medical check-up by Shaukat Khanam Memorial Hospital.
Plea dismissed
In another development, the court dismissed a petition filed by Bushra Bibi seeking her transfer from her Banigala residence to Adiala jail due to non-prosecution as her lawyers remained absent during the hearing.
SOURCE: DAWN
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Why wasn’t cipher shown to trial court, IHC judge asks FIA
The Islamabad High Court (IHC) asked the special prosecutor of the Federal Investigation Agency (FIA) on Monday why a copy of the cipher or its content had not been shared with the trial court judge, when the entire proceedings in the cipher case revolved around that single document.
Justice Miangul Hassan Aurangzeb made this observation while hearing the appeals of ex-premier Imran Khan and former foreign minister Shah Mehmood Qureshi against their conviction in the cipher case.
A special court, established under the Official Secrets Act, handed both Mr Khan and Mr Qureshi 10-year jail sentences each in the case after Judge Abual Hasnat Zulqarnain appointed a state counsel for them.
The cipher case pertains to a diplomatic document that the FIA’s charge sheet alleges was never returned by then-PM Imran Khan, who long held that the document contained a threat from the US to topple his government.
As member of the division bench that also comprised IHC Chief Justice Aamer Farooq, Justice Aurangzeb noted that the cipher could be produced before the judge in a confidential manner.
The bench was of the opinion that since the proceeding in this matter is criminal in nature, the benefit of doubt will go in favour of the accused persons.
Earlier, FIA’s special prosecutor Hamid Ali Shah informed the bench that the missing cipher was a ‘Grade-II’ classified document and disclosure of its contents compromised its security protocol.
“Every coded communication is considered a secret document,” he reasoned.
During the course of arguments, the FIA counsel defined the cipher and its security protocol. He also submitted a booklet about the security protocol for cipher and apprised the court that the booklet was issued for ‘official use only’.
Earlier on Jan 18, only weeks before the Feb 8 general elections, former principal secretary Azam Khan testified before the special court that the cipher never returned to his office.
The former bureaucurat claimed he had intimated the then prime minister, his military secretary as well as the relevant staff numerous times.
Four days later, former foreign secretary Sohail Mehmood appeared before the trial court, claiming that the copy sent to ex-PM Khan was never returned while Mr Qureshi said he returned the copy to the ministry and the ex-secretary replied in the affirmative.
On the other hand, Mr Khan had claimed that the cipher was still with the Ministry of Foreign Affairs and he had received only a rephrased version of the diplomatic cable.
However, the FIA special prosecutor told the IHC bench on Monday that the original copy of cipher remained in the custody of the Ministry of Foreign Affairs and the transcript was sent to the designated offices, adding that those copies were destroyed upon return.
The court adjourned further hearing till Tuesday (today).
SOURCE: DAWN
The Islamabad High Court (IHC) asked the special prosecutor of the Federal Investigation Agency (FIA) on Monday why a copy of the cipher or its content had not been shared with the trial court judge, when the entire proceedings in the cipher case revolved around that single document.
Justice Miangul Hassan Aurangzeb made this observation while hearing the appeals of ex-premier Imran Khan and former foreign minister Shah Mehmood Qureshi against their conviction in the cipher case.
A special court, established under the Official Secrets Act, handed both Mr Khan and Mr Qureshi 10-year jail sentences each in the case after Judge Abual Hasnat Zulqarnain appointed a state counsel for them.
The cipher case pertains to a diplomatic document that the FIA’s charge sheet alleges was never returned by then-PM Imran Khan, who long held that the document contained a threat from the US to topple his government.
As member of the division bench that also comprised IHC Chief Justice Aamer Farooq, Justice Aurangzeb noted that the cipher could be produced before the judge in a confidential manner.
The bench was of the opinion that since the proceeding in this matter is criminal in nature, the benefit of doubt will go in favour of the accused persons.
Earlier, FIA’s special prosecutor Hamid Ali Shah informed the bench that the missing cipher was a ‘Grade-II’ classified document and disclosure of its contents compromised its security protocol.
“Every coded communication is considered a secret document,” he reasoned.
During the course of arguments, the FIA counsel defined the cipher and its security protocol. He also submitted a booklet about the security protocol for cipher and apprised the court that the booklet was issued for ‘official use only’.
Earlier on Jan 18, only weeks before the Feb 8 general elections, former principal secretary Azam Khan testified before the special court that the cipher never returned to his office.
The former bureaucurat claimed he had intimated the then prime minister, his military secretary as well as the relevant staff numerous times.
Four days later, former foreign secretary Sohail Mehmood appeared before the trial court, claiming that the copy sent to ex-PM Khan was never returned while Mr Qureshi said he returned the copy to the ministry and the ex-secretary replied in the affirmative.
On the other hand, Mr Khan had claimed that the cipher was still with the Ministry of Foreign Affairs and he had received only a rephrased version of the diplomatic cable.
However, the FIA special prosecutor told the IHC bench on Monday that the original copy of cipher remained in the custody of the Ministry of Foreign Affairs and the transcript was sent to the designated offices, adding that those copies were destroyed upon return.
The court adjourned further hearing till Tuesday (today).
SOURCE: DAWN
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Cipher case judge may be repatriated over ‘misconduct’
The administration of Islamabad High Court (IHC) has initiated the process to send back District and Sessions Judge Abul Hasnat Mohammad Zulqarnain to his parent department, the Lahore High Court (LHC), over alleged misconduct.
Judge Zulqarnain convicted former prime minister Imran Khan and PTI leader Shah Mahmood Qureshi in the cipher case and sentenced them to 10 years’ rigorous imprisonment each, in a hurriedly concluded trial.
Sources in the IHC told Dawn on Tuesday that the senior puisne judge, Justice Mohsin Akhtar Kayani, who is also the inspection judge of the capital’s Special Courts, has recommended the repatriation of Judge Zulqarnain since a division bench of the high court passed certain observations regarding the conduct of the judge in a bail order on the plea of PTI leader Aamir Masood Mughal.
Mr Mughal, who was booked in March last year for allegedly leading a group of rioters that set a police van on fire, applied for pre-arrest bail at the Anti-Terrorism Court.
During a hearing on Feb 6, Mr Mughal appeared in the court of ATC judge Zulqarnain and requested the court to adjourn the hearing on the petition until after the Feb 8 general elections, in which the accused participated as an independent candidate, backed by the PTI.
The judge accepted the request and adjourned the matter until Feb 13.
The IHC bench, however, noted that “the presiding officer [Judge Zulqarnain] dictated and announced such an order in the open court. However, later they were informed that the said petition [for pre-arrest bail] has been dismissed for non-prosecution”.
According to the order, the IHC asked the petitioner and his lawyers to submit separate affidavits before the court, and they later submitted affidavits affirming the facts.
The court further noted that the investigation officer in the case also confirmed the statements of the petitioner and his counsel that the ATC-I on Feb 6 had adjourned the hearing until Feb 13.
“At this juncture, we will exercise restraint to record observations regarding the conduct of the presiding officer [ATC-I judge] in the light of the principle and law laid down by the Supreme Court. However, a separate note is being submitted on the administrative side,” the order said.
SOURCE: DAWN
The administration of Islamabad High Court (IHC) has initiated the process to send back District and Sessions Judge Abul Hasnat Mohammad Zulqarnain to his parent department, the Lahore High Court (LHC), over alleged misconduct.
Judge Zulqarnain convicted former prime minister Imran Khan and PTI leader Shah Mahmood Qureshi in the cipher case and sentenced them to 10 years’ rigorous imprisonment each, in a hurriedly concluded trial.
Sources in the IHC told Dawn on Tuesday that the senior puisne judge, Justice Mohsin Akhtar Kayani, who is also the inspection judge of the capital’s Special Courts, has recommended the repatriation of Judge Zulqarnain since a division bench of the high court passed certain observations regarding the conduct of the judge in a bail order on the plea of PTI leader Aamir Masood Mughal.
Mr Mughal, who was booked in March last year for allegedly leading a group of rioters that set a police van on fire, applied for pre-arrest bail at the Anti-Terrorism Court.
During a hearing on Feb 6, Mr Mughal appeared in the court of ATC judge Zulqarnain and requested the court to adjourn the hearing on the petition until after the Feb 8 general elections, in which the accused participated as an independent candidate, backed by the PTI.
The judge accepted the request and adjourned the matter until Feb 13.
The IHC bench, however, noted that “the presiding officer [Judge Zulqarnain] dictated and announced such an order in the open court. However, later they were informed that the said petition [for pre-arrest bail] has been dismissed for non-prosecution”.
According to the order, the IHC asked the petitioner and his lawyers to submit separate affidavits before the court, and they later submitted affidavits affirming the facts.
The court further noted that the investigation officer in the case also confirmed the statements of the petitioner and his counsel that the ATC-I on Feb 6 had adjourned the hearing until Feb 13.
“At this juncture, we will exercise restraint to record observations regarding the conduct of the presiding officer [ATC-I judge] in the light of the principle and law laid down by the Supreme Court. However, a separate note is being submitted on the administrative side,” the order said.
SOURCE: DAWN
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Ex-PM deliberately kept cypher copy, IHC told
The Islamabad High Court was informed on Thursday that the cipher copy was returned by all the recipients except the then-prime minister Imran Khan, who lost the document therefore the case was lodged against him.
During the hearing of appeals of Imran and then foreign minister Shah Muhammad Qureshi in the cipher case, the prosecutor urged the two-member bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hasan Aurangzeb to see whether or not the cipher copy had reached the accused.
The cipher case originated from Imran Khan's public display of a paper during a rally in Islamabad on March 27, 2022, claiming it as evidence of an "international conspiracy" before a vote of no-confidence led to his government's ouster.
The Federal Investigation Agency (FIA) initiated its probe into the so-called “cipher-gate” on July 19, 2023, after the previous coalition government announced an official inquiry against Imran and his close associates for violating the Official Secrets Act (OSA).
Imran was arrested on August 5, following his conviction in the Toshakhana case by a local court of Islamabad. Later, he was also arrested in the cipher case on August 29. On January 30, a special court convicted Imran and Qureshi and sentenced each of them to 10 years in prison under the OSA.
During the hearing of the appeals in the IHC, the bench raised the question that when the cipher case was registered, many other people also did not return the copies. Federal Investigation Agency (FIA) Special Prosecutor Hamid Ali Shah replied the rest of the officials had returned the cipher copies.
Regarding the former prime minister, the prosecutor said that the authorities knew that he had lost the cipher copy. The former prime minister deliberately kept the cipher copy and negligently did not return it, the prosecutor argued.
The chief justice pointed out that the charges of not returning the cipher copy wilfully and its negligent loss could not be made simultaneously. Special Prosecutor Shah said that when the cipher came to the then-prime minister, he deliberately kept it to himself and showed negligence by not returning it.
About the prosecution’s charge that said that Imran made the cipher public, the chief justice inquired as to what was made public, saying that the cipher was not on the court record. Justice Miangul Hasan Aurangzeb asked as to where the recipient of the cipher document was.
The FIA prosecutor said that he would assist the court on this point later. However, he stressed that the cipher was a classified document, entailing accountability. He added that the cipher copy was sent so that he read this document and instructed about necessary action.
The FIA prosecutor told the court that he would complete his arguments in three to four hearings. After which the hearing was adjourned till April 30.
SOURCE: EXPRESS TRIBUNE
The Islamabad High Court was informed on Thursday that the cipher copy was returned by all the recipients except the then-prime minister Imran Khan, who lost the document therefore the case was lodged against him.
During the hearing of appeals of Imran and then foreign minister Shah Muhammad Qureshi in the cipher case, the prosecutor urged the two-member bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hasan Aurangzeb to see whether or not the cipher copy had reached the accused.
The cipher case originated from Imran Khan's public display of a paper during a rally in Islamabad on March 27, 2022, claiming it as evidence of an "international conspiracy" before a vote of no-confidence led to his government's ouster.
The Federal Investigation Agency (FIA) initiated its probe into the so-called “cipher-gate” on July 19, 2023, after the previous coalition government announced an official inquiry against Imran and his close associates for violating the Official Secrets Act (OSA).
Imran was arrested on August 5, following his conviction in the Toshakhana case by a local court of Islamabad. Later, he was also arrested in the cipher case on August 29. On January 30, a special court convicted Imran and Qureshi and sentenced each of them to 10 years in prison under the OSA.
During the hearing of the appeals in the IHC, the bench raised the question that when the cipher case was registered, many other people also did not return the copies. Federal Investigation Agency (FIA) Special Prosecutor Hamid Ali Shah replied the rest of the officials had returned the cipher copies.
Regarding the former prime minister, the prosecutor said that the authorities knew that he had lost the cipher copy. The former prime minister deliberately kept the cipher copy and negligently did not return it, the prosecutor argued.
The chief justice pointed out that the charges of not returning the cipher copy wilfully and its negligent loss could not be made simultaneously. Special Prosecutor Shah said that when the cipher came to the then-prime minister, he deliberately kept it to himself and showed negligence by not returning it.
About the prosecution’s charge that said that Imran made the cipher public, the chief justice inquired as to what was made public, saying that the cipher was not on the court record. Justice Miangul Hasan Aurangzeb asked as to where the recipient of the cipher document was.
The FIA prosecutor said that he would assist the court on this point later. However, he stressed that the cipher was a classified document, entailing accountability. He added that the cipher copy was sent so that he read this document and instructed about necessary action.
The FIA prosecutor told the court that he would complete his arguments in three to four hearings. After which the hearing was adjourned till April 30.
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‘No evidence that cipher was in Imran’s custody’
In a fresh twist in the cipher case, the Islamabad High Court on Tuesday observed that the Federal Investigation Agency (FIA) has nothing on record to prove that former prime minister Imran Khan retained the confidential diplomatic cable, and that it went missing from his possession.
The observation was made by an IHC division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, which had resumed hearing appeals filed by Mr Khan and his foreign minister at the time, Shah Mehmood Qureshi, against their conviction in the cipher case.
Earlier, defence counsel Barrister Salman Safdar had submitted a report of the foreign ministry to the IHC containing details of the cipher’s distribution.
The report revealed that almost every recipient of the cipher, including the former army chief and the chief justice, returned the confidential document after a case was registered against Imran Khan.
While special prosecutor Hamid Ali Shah was explaining the movement of cipher from the foreign ministry to the PM Office, Justice Farooq asked if there is any record available with FIA, the prosecuting agency, that proves Mr Khan retained the cipher.
“Is there any record of cipher’s movement that it was handed over to the prime minister by the principal secretary?”, asked the chief justice.
Mr Shah replied that Azam Khan, the then-principal secretary, testified before the court that the cipher was handed over to ex-PM Khan and was never returned.
“We believe it’s hearsay,” remarked the chief justice, adding that there was a possibility that the former PM had asked the secretary to return the cipher.
Mr Shah, however, said the court had ample reason to believe that the ex-PM received and perused the cipher on the basis of which he made public speeches and even sent a demarche to the US.
“But how do we know it was not returned?” the chief justice questioned.
Mr Shah replied that witnesses in the case had stated on oath that Mr Khan never returned the confidential document. He said that during a public speech and an interview with a private television channel, Mr Khan admitted that the cipher was in his possession.
Justice Aurangzeb remarked that politicians make such statement to pander to the crowd.
He asked the state’s counsel to apprise the court what happened with the First Information Report (FIR) registered over Azam Khan’s alleged abduction.
Justice Farooq directed the counsel to submit a challan or discharge report in the FIR by May 2.
Iddat case
Meanwhile, Khawar Farid Maneka, the former spouse of Bushra Bibi, sought the transfer of the appeal against conviction of Imran Khan and Bushra Bibi in Iddat case.
Mr Maneka requested sessions judge Shahrukh Arjumand to recuse himself from hearing the appeal for being biased. He also accused the judge of being sympathetic to the Pakistan Tehreek-i-Insaf.
SOURCE: DAWN
In a fresh twist in the cipher case, the Islamabad High Court on Tuesday observed that the Federal Investigation Agency (FIA) has nothing on record to prove that former prime minister Imran Khan retained the confidential diplomatic cable, and that it went missing from his possession.
The observation was made by an IHC division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, which had resumed hearing appeals filed by Mr Khan and his foreign minister at the time, Shah Mehmood Qureshi, against their conviction in the cipher case.
Earlier, defence counsel Barrister Salman Safdar had submitted a report of the foreign ministry to the IHC containing details of the cipher’s distribution.
The report revealed that almost every recipient of the cipher, including the former army chief and the chief justice, returned the confidential document after a case was registered against Imran Khan.
While special prosecutor Hamid Ali Shah was explaining the movement of cipher from the foreign ministry to the PM Office, Justice Farooq asked if there is any record available with FIA, the prosecuting agency, that proves Mr Khan retained the cipher.
“Is there any record of cipher’s movement that it was handed over to the prime minister by the principal secretary?”, asked the chief justice.
Mr Shah replied that Azam Khan, the then-principal secretary, testified before the court that the cipher was handed over to ex-PM Khan and was never returned.
“We believe it’s hearsay,” remarked the chief justice, adding that there was a possibility that the former PM had asked the secretary to return the cipher.
Mr Shah, however, said the court had ample reason to believe that the ex-PM received and perused the cipher on the basis of which he made public speeches and even sent a demarche to the US.
“But how do we know it was not returned?” the chief justice questioned.
Mr Shah replied that witnesses in the case had stated on oath that Mr Khan never returned the confidential document. He said that during a public speech and an interview with a private television channel, Mr Khan admitted that the cipher was in his possession.
Justice Aurangzeb remarked that politicians make such statement to pander to the crowd.
He asked the state’s counsel to apprise the court what happened with the First Information Report (FIR) registered over Azam Khan’s alleged abduction.
Justice Farooq directed the counsel to submit a challan or discharge report in the FIR by May 2.
Iddat case
Meanwhile, Khawar Farid Maneka, the former spouse of Bushra Bibi, sought the transfer of the appeal against conviction of Imran Khan and Bushra Bibi in Iddat case.
Mr Maneka requested sessions judge Shahrukh Arjumand to recuse himself from hearing the appeal for being biased. He also accused the judge of being sympathetic to the Pakistan Tehreek-i-Insaf.
SOURCE: DAWN
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Imran’s failure to return cipher was crime: FIA
The Federal Investigation Agency (FIA) has contended that former prime minister Imran Khan's failure to return a copy of a diplomatic cipher to the Ministry of Foreign Affairs constitutes a crime.
On Thursday, FIA prosecutor Hamid Ali Shah resumed his arguments supporting the verdict of a special court, which on January 30 convicted Imran and former foreign minister Shah Mahmood Qureshi in the diplomatic cipher case.
Imran and Qureshi had challenged the special court’s decision in the Islamabad High Court (IHC), where a division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb is hearing the appeals of the PTI leaders.
Shah noted that according to the Security of Cipher Guidelines prepared by the Cabinet Division, failing to return classified documents is a crime.
"It has been acknowledged that the PTI founder had the cipher copy with him. Only one copy of the cipher in Imran Khan's possession had not been returned from the Prime Minister's House. The remaining eight copies were destroyed upon their return," the FIA's lawyer stated.
The FIA's lawyer pointed out that one of the prosecution witnesses, former principal secretary to the PM Azam Khan, gave a statement under oath to that effect. "Azam Khan’s statement should not be taken lightly," he added.
The court also asked how the cipher became an "accountable document".
Justice Miangul Hassan Aurangzeb questioned the lawyer, "Suppose we don’t have the Security of Cipher Guidelines and the cipher is not an accountable document. Will the omission to return the cipher copy still be a crime in that case?"
Chief Justice Farooq then posed a different question, "If the Prime Minister receives a document that needs to be returned, and if it is not returned, is it a crime?" The prosecutor responded affirmatively, stating, "Yes, absolutely, it would be a crime."
The chief justice further inquired, "Are all documents coming from abroad confidential? If a document is not accountable, then it's okay if it gets lost, right?" He noted the volume of daily correspondence in the Prime Minister's Office, suggesting that a few documents might inadvertently get misplaced.
The FIA prosecutor clarified that if a document is lost, a case will be filed.
In legal terms, an accountable document refers to any written record or piece of evidence that is considered to be reliable, trustworthy, and legally admissible.
These documents are subjected to strict procedures for creation, handling, storage, and authentication to ensure their integrity and accuracy.
Accountable documents include contracts, agreements, deeds, affidavits, court orders, official reports, financial records, and similar items used to establish facts, rights, obligations, or liabilities in a legal context.
Earlier, Shah read out Imran Khan's defense statement during the cipher case proceedings. The court inquired whether the statement was made in the absence of his lawyer.
"Does the absence of the lawyer affect the statements made under Section 342 of the Code of Criminal Procedure? Does the absence of the lawyer reduce the importance of the defendant's statement? Prepare on this point and assist the court in this regard," the bench instructed.
The court adjourned till May six after the FIA lawyer said he needed another four to five hours to conclude his arguments.
SOURCE: EXPRESS TRIBUNE
The Federal Investigation Agency (FIA) has contended that former prime minister Imran Khan's failure to return a copy of a diplomatic cipher to the Ministry of Foreign Affairs constitutes a crime.
On Thursday, FIA prosecutor Hamid Ali Shah resumed his arguments supporting the verdict of a special court, which on January 30 convicted Imran and former foreign minister Shah Mahmood Qureshi in the diplomatic cipher case.
Imran and Qureshi had challenged the special court’s decision in the Islamabad High Court (IHC), where a division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb is hearing the appeals of the PTI leaders.
Shah noted that according to the Security of Cipher Guidelines prepared by the Cabinet Division, failing to return classified documents is a crime.
"It has been acknowledged that the PTI founder had the cipher copy with him. Only one copy of the cipher in Imran Khan's possession had not been returned from the Prime Minister's House. The remaining eight copies were destroyed upon their return," the FIA's lawyer stated.
The FIA's lawyer pointed out that one of the prosecution witnesses, former principal secretary to the PM Azam Khan, gave a statement under oath to that effect. "Azam Khan’s statement should not be taken lightly," he added.
The court also asked how the cipher became an "accountable document".
Justice Miangul Hassan Aurangzeb questioned the lawyer, "Suppose we don’t have the Security of Cipher Guidelines and the cipher is not an accountable document. Will the omission to return the cipher copy still be a crime in that case?"
Chief Justice Farooq then posed a different question, "If the Prime Minister receives a document that needs to be returned, and if it is not returned, is it a crime?" The prosecutor responded affirmatively, stating, "Yes, absolutely, it would be a crime."
The chief justice further inquired, "Are all documents coming from abroad confidential? If a document is not accountable, then it's okay if it gets lost, right?" He noted the volume of daily correspondence in the Prime Minister's Office, suggesting that a few documents might inadvertently get misplaced.
The FIA prosecutor clarified that if a document is lost, a case will be filed.
In legal terms, an accountable document refers to any written record or piece of evidence that is considered to be reliable, trustworthy, and legally admissible.
These documents are subjected to strict procedures for creation, handling, storage, and authentication to ensure their integrity and accuracy.
Accountable documents include contracts, agreements, deeds, affidavits, court orders, official reports, financial records, and similar items used to establish facts, rights, obligations, or liabilities in a legal context.
Earlier, Shah read out Imran Khan's defense statement during the cipher case proceedings. The court inquired whether the statement was made in the absence of his lawyer.
"Does the absence of the lawyer affect the statements made under Section 342 of the Code of Criminal Procedure? Does the absence of the lawyer reduce the importance of the defendant's statement? Prepare on this point and assist the court in this regard," the bench instructed.
The court adjourned till May six after the FIA lawyer said he needed another four to five hours to conclude his arguments.
SOURCE: EXPRESS TRIBUNE
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Imran was aware of cipher's sensitivity, FIA tells IHC
Federal Investigation Agency (FIA) prosecutor Hamid Ali Shah has told the Islamabad High Court (IHC) that former prime minister Imran Khan was fully cognizant of the sensitivity surrounding the cipher, yet failed to secure it appropriately, leading to potential risks of exposure.
He said that Imran not only kept the copy of the cipher without authorisation but also failed to safeguard it. He stressed that the primary purpose of cipher security is to prevent its dissemination to unauthorised individuals.
Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb on Monday heard the appeals of PTI founder Imran Khan and former foreign minister Shah Mehmood Qureshi in the cipher case.
"The cipher document is stamped as classified, and its copies are mandated to be destroyed after six months," the FIA prosecutor explained and added that even after declassification, stringent measures are in place for its disposal.
He recalled that after the decision taken during a National Security Committee (NSC) meeting on March 31 to issue a demarche to the United States, the cipher process was concluded, necessitating its return to the Foreign Office."All cipher copies, except the one held by the PTI founder, were returned and subsequently disposed of," he informed the court.
The chief justice queried whether the accused could present a defence without legal representation, questioning its impact on the accused's statement. In response, the prosecutor said that for statements given under Section 342 legal representation was not mandatory for the defence statement.
The chief justice then asked about the possibility of concurrent charges for deliberate and negligent loss of the cipher document. The FIA prosecutor explained that both charges would be pursued simultaneously, given the differing timelines of relevant actions.
In response to the bench’s question whether Imran Khan was aware of the sensitivity of the cipher and accountability, the FIA prosecutor referred to the former premier's public acknowledgement of the cipher's significance, citing statements made on various platforms where he underscored the ramifications of its potential leak.
In addressing concerns about the cipher's dissemination, Shah pointed out the stringent security protocols surrounding its handling and said that any breach could compromise national security.
Regarding the involvement of ex-principal secretary Azam Khan, Shah clarified that while Azam Khan himself did not receive the document, it was handled by his staff.
The prosecutor stated that Azam Khan confessed to having received a cipher copy, subsequently passing it to then-prime minister Imran Khan.
He contended that it was an established fact that the former premier possessed a copy of the cipher, a point reiterated on multiple platforms. The prosecutor referenced statements made by the PTI founder on his YouTube channel, highlighting the significance of the cypher and its potential ramifications if leaked.
Responding to the chief justice inquiry about the credibility of a YouTube conversation as testimony, the prosecutor reiterated that the PTI founder had acknowledged the cipher's importance and the risk posed by its exposure.
Furthermore, Islamabad advocate general petitioned for the submission of an FIR and records about the alleged abduction of witness Azam Khan, which was granted by the court.
The case is slated for further deliberation on May 8.
SOURCE: EXPRESS TRIBUNE
Federal Investigation Agency (FIA) prosecutor Hamid Ali Shah has told the Islamabad High Court (IHC) that former prime minister Imran Khan was fully cognizant of the sensitivity surrounding the cipher, yet failed to secure it appropriately, leading to potential risks of exposure.
He said that Imran not only kept the copy of the cipher without authorisation but also failed to safeguard it. He stressed that the primary purpose of cipher security is to prevent its dissemination to unauthorised individuals.
Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb on Monday heard the appeals of PTI founder Imran Khan and former foreign minister Shah Mehmood Qureshi in the cipher case.
"The cipher document is stamped as classified, and its copies are mandated to be destroyed after six months," the FIA prosecutor explained and added that even after declassification, stringent measures are in place for its disposal.
He recalled that after the decision taken during a National Security Committee (NSC) meeting on March 31 to issue a demarche to the United States, the cipher process was concluded, necessitating its return to the Foreign Office."All cipher copies, except the one held by the PTI founder, were returned and subsequently disposed of," he informed the court.
The chief justice queried whether the accused could present a defence without legal representation, questioning its impact on the accused's statement. In response, the prosecutor said that for statements given under Section 342 legal representation was not mandatory for the defence statement.
The chief justice then asked about the possibility of concurrent charges for deliberate and negligent loss of the cipher document. The FIA prosecutor explained that both charges would be pursued simultaneously, given the differing timelines of relevant actions.
In response to the bench’s question whether Imran Khan was aware of the sensitivity of the cipher and accountability, the FIA prosecutor referred to the former premier's public acknowledgement of the cipher's significance, citing statements made on various platforms where he underscored the ramifications of its potential leak.
In addressing concerns about the cipher's dissemination, Shah pointed out the stringent security protocols surrounding its handling and said that any breach could compromise national security.
Regarding the involvement of ex-principal secretary Azam Khan, Shah clarified that while Azam Khan himself did not receive the document, it was handled by his staff.
The prosecutor stated that Azam Khan confessed to having received a cipher copy, subsequently passing it to then-prime minister Imran Khan.
He contended that it was an established fact that the former premier possessed a copy of the cipher, a point reiterated on multiple platforms. The prosecutor referenced statements made by the PTI founder on his YouTube channel, highlighting the significance of the cypher and its potential ramifications if leaked.
Responding to the chief justice inquiry about the credibility of a YouTube conversation as testimony, the prosecutor reiterated that the PTI founder had acknowledged the cipher's importance and the risk posed by its exposure.
Furthermore, Islamabad advocate general petitioned for the submission of an FIR and records about the alleged abduction of witness Azam Khan, which was granted by the court.
The case is slated for further deliberation on May 8.
SOURCE: EXPRESS TRIBUNE
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IHC questions credibility of e-evidence in cipher case
The Islamabad High Court (IHC) raised several questions about the authenticity and credibility on the material available on the internet, while hearing appeals of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and senior leader Shah Mahmood Qureshi against their conviction in the cipher case.
The bench, led by Chief Justice Aamer Farooq and including Justice Miangul Hasan Aurangzeb heard the arguments presented by Special Prosecutor of Federal Investigation Agency (FIA) FIA Hamid Ali Shah regarding electronic evidence.
The prosecutor told the bench that leaked audios of four people, including the founder PTI, were available on the Internet in which Imran, who was the prime minister at that time, could be heard as telling the colleagues to play with the cipher.
Chief Justice Aamer Farooq remarked that such a technology was available in which voice could be matched. The chief justice also told the prosecutor that the audio of a former chief justice was leaked and later it turned to be false.
Justice Miangul Hasan Aurangzeb asked the prosecutor as to who posted the leaked audio on the Internet. He also asked whether the prosecutor took everything on the internet as truth. “I don’t,” he added. He also said that there was lie on internet until something was verified as truth.
The prosecutor said that on September 28, 2022, those audios were uploaded from a verified account of one Azhar.
Justice Miangul Hasan Aurangzeb asked whether this Azhar was called and asked how did he bugged the audio of the Prime Minister's Office?
The judge also asked the prosecutor whether he wanted to leave Azhar, but take what he said. He said that the FIA should get to the bottom of the matter. However, Shah told the bench that the leaked audio was not the only evidence the prosecution relied.
Special FIA Prosecutor Hamid Ali Shah told the court that a Pakistan Television (PTV) cameraman gave the statement that he recorded the speech of PTI founder to a rally on March 27 2022 in which he saw Imran waving a paper.
Justice Miangul Hasan Aurangzeb questioned whether the FIA was now relying on the statement of the cameraman, instead of Azam Khan, who was the principal secretary to the former prime minister. The prosecutor said that the next witness was Foreign Office Director Iqra Ashraf.
Justice Miangul Hasan Aurangzeb said that Iqra Ashraf wrote in her statement that her statement was not final. The judge added that Iqra Ashraf showed honesty that the FIA took her statement in haste. He asked the prosecutor, whether he would rely on an inconclusive statement.
Prosecutor Shah replied inconclusive did not mean that the statement was made in haste. Rather, he continued, something more can be added. However, the judge remarked that he could not rely on an inconclusive statement. Later, the hearing was adjourned till Thursday (today).
Meanwhile, a separate IHC bench, led by Chief Justice Aamer Farooq and including Justice Tariq Mehmood Jahangiri, issued notices to the National Accountability Bureau (NAB) on a petition challenging call-up notices to PTI founder and his wife Bushra Bibi in a new inquiry.
The two-judge bench heard the petition filed against notices sent by NAB in the inquiry related to Toshakhana gifts. The lawyer for the petitioners took the stance that his clients had already been imprisoned in Toshakhana reference.
He prayed the court to stop NAB for taking any action against his clients. The chief justice remarked that the call-up notice was already ineffective as per the date given on it. The court adjourned further hearing till next date.
source: EXPRESS TRIBUNE
The Islamabad High Court (IHC) raised several questions about the authenticity and credibility on the material available on the internet, while hearing appeals of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and senior leader Shah Mahmood Qureshi against their conviction in the cipher case.
The bench, led by Chief Justice Aamer Farooq and including Justice Miangul Hasan Aurangzeb heard the arguments presented by Special Prosecutor of Federal Investigation Agency (FIA) FIA Hamid Ali Shah regarding electronic evidence.
The prosecutor told the bench that leaked audios of four people, including the founder PTI, were available on the Internet in which Imran, who was the prime minister at that time, could be heard as telling the colleagues to play with the cipher.
Chief Justice Aamer Farooq remarked that such a technology was available in which voice could be matched. The chief justice also told the prosecutor that the audio of a former chief justice was leaked and later it turned to be false.
Justice Miangul Hasan Aurangzeb asked the prosecutor as to who posted the leaked audio on the Internet. He also asked whether the prosecutor took everything on the internet as truth. “I don’t,” he added. He also said that there was lie on internet until something was verified as truth.
The prosecutor said that on September 28, 2022, those audios were uploaded from a verified account of one Azhar.
Justice Miangul Hasan Aurangzeb asked whether this Azhar was called and asked how did he bugged the audio of the Prime Minister's Office?
The judge also asked the prosecutor whether he wanted to leave Azhar, but take what he said. He said that the FIA should get to the bottom of the matter. However, Shah told the bench that the leaked audio was not the only evidence the prosecution relied.
Special FIA Prosecutor Hamid Ali Shah told the court that a Pakistan Television (PTV) cameraman gave the statement that he recorded the speech of PTI founder to a rally on March 27 2022 in which he saw Imran waving a paper.
Justice Miangul Hasan Aurangzeb questioned whether the FIA was now relying on the statement of the cameraman, instead of Azam Khan, who was the principal secretary to the former prime minister. The prosecutor said that the next witness was Foreign Office Director Iqra Ashraf.
Justice Miangul Hasan Aurangzeb said that Iqra Ashraf wrote in her statement that her statement was not final. The judge added that Iqra Ashraf showed honesty that the FIA took her statement in haste. He asked the prosecutor, whether he would rely on an inconclusive statement.
Prosecutor Shah replied inconclusive did not mean that the statement was made in haste. Rather, he continued, something more can be added. However, the judge remarked that he could not rely on an inconclusive statement. Later, the hearing was adjourned till Thursday (today).
Meanwhile, a separate IHC bench, led by Chief Justice Aamer Farooq and including Justice Tariq Mehmood Jahangiri, issued notices to the National Accountability Bureau (NAB) on a petition challenging call-up notices to PTI founder and his wife Bushra Bibi in a new inquiry.
The two-judge bench heard the petition filed against notices sent by NAB in the inquiry related to Toshakhana gifts. The lawyer for the petitioners took the stance that his clients had already been imprisoned in Toshakhana reference.
He prayed the court to stop NAB for taking any action against his clients. The chief justice remarked that the call-up notice was already ineffective as per the date given on it. The court adjourned further hearing till next date.
source: EXPRESS TRIBUNE
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Cipher case: IHC scrutinises prosecution’s handling of PTI govt toppling evidence
The Islamabad High Court (IHC) on Tuesday postponed the hearing on appeals filed by Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and Vice-Chairman Shah Mahmood Qureshi against their convictions in the Cipher case.The hearing, presided over by Chief Justice Aamir Farooq and Justice Mian Gul Hasan Aurangzeb, featured arguments from Federal Investigation Agency (FIA) Special Prosecutor Hamid Ali Shah.
During Tuesday’s hearing, the FIA prosecutor aimed to present digital and documentary evidence, including audio and video recordings verified by experts, which were subject to cross-examination.
Justice Aurangzeb questioned whether the trial court had relied on these evidences in its decision. The prosecutor clarified that while the trial court mentioned the experts’ testimonies, it did not base its decision solely on them.
The case revolves around the public disclosure of a cipher document by Imran Khan during his tenure as Prime Minister. The prosecutor argued that making the cipher public was a violation of official secrecy, asserting that the act compromised national security.
The prosecutor emphasized that the cipher was intended for a limited audience of nine individuals and that its disclosure had potentially benefitted other countries.
Chief Justice Farooq inquired about the criminality of merely sharing information, to which the prosecutor responded affirmatively, highlighting the detrimental impact on national security.
The prosecutor reiterated that Imran Khan’s actions, whether intentional or not, posed a risk to the country’s diplomatic relations and security.
Justice Aurangzeb raised concerns about the diplomatic repercussions of demarching an ambassador, questioning the extent to which a single individual’s actions could damage international relations. The prosecutor contended that the public disclosure of the cipher was a serious offense with broad implications.
Chief Justice Farooq questioned the Federal Investigation Agency (FIA) Special Prosecutor, Hamid Ali Shah, about the specific documents used in the trial court that demonstrated external forces damaging Pakistan’s relations.
The prosecutor claimed that relations with the United States had deteriorated. However, the Chief Justice pressed for concrete evidence, pointing out that the demarche was not introduced as evidence and is not a classified document.
Justice Mian Gul Hassan remarked that issuing a warning to a country typically does not elicit a thank you. He asked what specific information from the cipher had been manipulated.
Referring to Imran Khan's claim, the judge inquired whether the cipher stated that if the PTI founder was not removed from office, there would be serious consequences. The prosecutor confirmed that this was the message and that Khan had admitted to it.
Justice Hassan then asked the prosecution to clarify what had been altered in the cipher. The IHC CJ questioned: “Even if the accused admits to something, the prosecution still needs to prove its case. What was in the sealed envelope? What changes were made to the cipher?” He remarked that the prosecution must provide evidence even if the accused admits guilt.
Justice Aurangzeb pointed out that the exact content of the cipher remained unclear, stating, “The cipher could be a hundred pages or even a paragraph. We don't know, the trial court doesn't know, and the prosecution doesn’t know.” He criticized the FIA’s allegations, noting that if the PTI founder had accurately presented the cipher's text, then what manipulation had occurred?
The Chief Justice asked straightforwardly, “Which country benefited from this? Just because everyone says so, doesn't make it true. If everyone claims the relationship has deteriorated, it doesn't necessarily mean it has. Someone declared war and took it to the UN. What happened?”
The Special Prosecutor replied that the PTI founder had read out the cipher texts to international media, revealing what the US had said. The prosecutor also presented the PTI founder’s statement in court.
However, Justice Mian Gul Hasan expressed skepticism regarding the reliability of these statements, noting that they could be considered political rhetoric rather than factual evidence. He questioned the prosecutor about the sources of these statements, suggesting that they may not be impartial.
The prosecutor mentioned that international media outlets like Voice of America and Deutsche Welle had reported on the matter, but Justice Gul Hasan pointed out that some of the mentioned sources were Indian newspapers, which could be biased. Justice Gul Hasan pointed out that the prosecutor had cited Indian newspapers, which the prosecutor asked to disregard.
The FIA prosecutor explained that the cipher wasn’t presented due to its sensitivity, prompting Justice Mian Gul Hasan to question why it couldn’t be presented in court. The Chief Justice asked if the head of an institution had declared the document confidential and refused to present it, and why the FIA didn't present it in court.
The IHC Chief Justice questioned why the prosecution had not presented the cipher document in court, emphasizing that it was their responsibility to do so. He underscored the importance of providing all relevant evidence to the court.
To which the prosecutor said, “We didn’t present the cipher as evidence because the court didn’t request it.”
However, Justice Mian Gul Hasan expressed concern over the prosecution's handling of the case, describing their approach as problematic.
Justice Mian Gul Hasan also criticized the prosecutor, highlighting the inconsistency in the prosecution's argument. He questioned why the prosecution had not presented information regarding the cipher, especially if it supported their claims about Imran Khan's actions destabilising the government.
In response, the prosecutor cited confidentiality as the reason for not presenting the document in court. However, the Chief Justice expressed dissatisfaction with this explanation, indicating that the prosecution needed to provide substantive evidence to support their case.
The IHC Chief Justice asked, “If we can't mention the document in our decision, what's the point of presenting it? It would be irrelevant to the case.”
Justice Aurangzeb remarked that “You acknowledge that the PTI founder's version of the cipher was accurate. Why didn't you share this information earlier, when it was relevant to the case?” To which the prosecutor said, “It was confidential, and we couldn’t disclose it. But we will present it now to support our argument.”
The Chief Justice announced that the hearing would be adjourned until the following day, expressing disappointment at the prosecution’s inability to complete its arguments. He urged the prosecution to be prepared to address the court’s questions and ensure all relevant evidence is presented.
Furthermore, the Chief Justice indicated that the Advocate General of Islamabad and state councils were expected to appear in court the next day, underscoring the significance of the upcoming proceedings.
The court adjourned the hearing, with further deliberations scheduled for the following Wednesday.
Source: SAMAA
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FIA seeks to present Lu’s testimony
The Federal Investigation Agency (FIA) on Wednesday sought permission of Islamabad High Court (IHC) to present the statement of US Assistant Secretary Donald Lu given before a congressional committee in Washington as evidence in the cipher case.
In a miscellaneous application, the FIA requested the IHC bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, to allow filing of more evidence in the cipher case against Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and senior leader Shah Mahmood Qureshi.
During the hearing, the chief justice expressed his concern that the FIA wanted to present extra evidence when the hearing of the appeals was about to complete. Justice Miangul Hassan asked whether the prosecutor wanted to present Lu as a witness or it might be an attempt to delay the case.
Chief Justice Aamer Farooq said that as per the criminal law the prosecution had to tell the reasons that whether the evidence was relevant. Though the prosecution had the legal right to file a miscellaneous application, he added, the court had serious reservations on its filing at the current stage.
During the hearing, the Islamabad advocate general informed the court that state counsel on behalf of the PTI founder and Qureshi were appointed on January 26, and they appeared before the trial court on January 27.
State counsel Abdul Rehman said that when they appeared they were instructed by the trial court to conduct the cross-examination. The court sought affidavit from the state counsel, who had conducted the cross-examination of witnesses on behalf of the two accused.
The court summoned the special prosecutor for arguments on Friday and adjourned the case.
SOURCE: EXPRESS TRIBUNE
The Federal Investigation Agency (FIA) on Wednesday sought permission of Islamabad High Court (IHC) to present the statement of US Assistant Secretary Donald Lu given before a congressional committee in Washington as evidence in the cipher case.
In a miscellaneous application, the FIA requested the IHC bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, to allow filing of more evidence in the cipher case against Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and senior leader Shah Mahmood Qureshi.
During the hearing, the chief justice expressed his concern that the FIA wanted to present extra evidence when the hearing of the appeals was about to complete. Justice Miangul Hassan asked whether the prosecutor wanted to present Lu as a witness or it might be an attempt to delay the case.
Chief Justice Aamer Farooq said that as per the criminal law the prosecution had to tell the reasons that whether the evidence was relevant. Though the prosecution had the legal right to file a miscellaneous application, he added, the court had serious reservations on its filing at the current stage.
During the hearing, the Islamabad advocate general informed the court that state counsel on behalf of the PTI founder and Qureshi were appointed on January 26, and they appeared before the trial court on January 27.
State counsel Abdul Rehman said that when they appeared they were instructed by the trial court to conduct the cross-examination. The court sought affidavit from the state counsel, who had conducted the cross-examination of witnesses on behalf of the two accused.
The court summoned the special prosecutor for arguments on Friday and adjourned the case.
SOURCE: EXPRESS TRIBUNE
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Session court exonerates PTI founder Imran Khan and Shah Mahmood Qureshi in two cases of vandalism related to Azadi March and violation of Section 144.
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In another major relief, the Islamabad High Court (IHC) on Monday acquitted PTI founder Imran Khan and former foreign minister Shah Mahmood Qureshi in the cipher case
IHC Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb announced the short verdict after accepting the appeals of the former premier and diplomat against their convictions in the case.
The court order, copies of which are available with Dawn.com, said they “shall be released forthwith, if not incarcerated in any other case”.
The duo are not expected to be released from prison due to Imran’s sentence in the Iddat case while Qureshi was arrested in recent May 9 cases. The Iddat case was transferred to another judge today while Qureshi is on physical remand till June 5 (Wednesday).
A special court, established under the Official Secrets Act, had handed both Imran and Qureshi 10-year jail sentences each in the case in January after Judge Abual Hasnat Zulqarnain appointed a state counsel for them.
It was Imran’s second conviction as he was also convicted in the Toshakhana case on August 5, and sentenced to three years’ imprisonment. The IHC had suspended his sentence. However, a division bench later rejected Imran’s petition seeking the suspension of the conviction.
Imran was later convicted in a separate Toshakhana case in January but the 14-year sentence was suspended by the IHC in April. He was convicted in the Iddat case and sentenced to seven years in jail in February.
The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s (FIA) charge sheet alleges was never returned by then-PM Imran, who long held that the document contained a threat from the US to topple his government.
Leader of the Opposition in the National Assembly Omar Ayub hailed the verdict and called for their immediate release.
Source : Dawn News
IHC Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb announced the short verdict after accepting the appeals of the former premier and diplomat against their convictions in the case.
The court order, copies of which are available with Dawn.com, said they “shall be released forthwith, if not incarcerated in any other case”.
The duo are not expected to be released from prison due to Imran’s sentence in the Iddat case while Qureshi was arrested in recent May 9 cases. The Iddat case was transferred to another judge today while Qureshi is on physical remand till June 5 (Wednesday).
A special court, established under the Official Secrets Act, had handed both Imran and Qureshi 10-year jail sentences each in the case in January after Judge Abual Hasnat Zulqarnain appointed a state counsel for them.
It was Imran’s second conviction as he was also convicted in the Toshakhana case on August 5, and sentenced to three years’ imprisonment. The IHC had suspended his sentence. However, a division bench later rejected Imran’s petition seeking the suspension of the conviction.
Imran was later convicted in a separate Toshakhana case in January but the 14-year sentence was suspended by the IHC in April. He was convicted in the Iddat case and sentenced to seven years in jail in February.
The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s (FIA) charge sheet alleges was never returned by then-PM Imran, who long held that the document contained a threat from the US to topple his government.
Leader of the Opposition in the National Assembly Omar Ayub hailed the verdict and called for their immediate release.
Source : Dawn News
IMMY69
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Any comment?
YousafTheBeast
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So Immy is still locked up for getting married, what a joke of a country lol.
SMQ can now be released, but when?
SMQ can now be released, but when?
KingKhanWC
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Even so what’s the max jail for this ? He must have served this by now .
Imo the puppets had a call to eventually release IK as he’s not in power & this kangaroo court has become a laughing stock .
Putin is also prob applying pressure as since IK, the growing relationship has come to a halt
Bewal Express
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It was reality in the minds of dishonest people that support a bunch of crooks. You guys jailed a legend on fake charges on all cases. Arent you embarrassed by your own dishonesty. You may not like his politics but you have tried to kill him, you have jailed him cases that no sane person even would dare think of prosecuting. You owe him an apology
Bewal Express
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Today IK is in jail for this as they look for some other excuse that all their bullets have been blanks. Where are all the losers? Where is @Major and others.
Bewal Express
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14 years on the iddat case. The crooked judge decided to run off last week. And the spineless PTI Lawyer leaders should be knocking on the IHC door tonight. Where is Maulvis that talk about Islam but are quiet on the iddat case?
Bewal Express
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SMQ has been charged with 9th May cases in Lahore but he was in Karachi on that date as his wife was in hospital. The slash and burn policy on all institutions by Munir and the mafia on full show
Kianig89
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Complete mockery it is one wonders what is Ghaleeza Farooqi opinion on this
KingKhanWC
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In the UK murder is less .
This will be dropped too. It’s too pathetic esp it will now be focused on in the west , questions ask . It will be seen as religious extremism by the state , which it is .
They are talking for sure now . Maybe Trump coming to power soon may also be a thought .
I predict IK will be free by the end of the year , Godwilling
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Faisal Vawda shares ‘three important figures’ after Khan’s acquittal
Independent Senator Faisal Vawda has claimed that 18, 20, and 21 are “important figures” as he continues to make prophecies of the country’s political developments.
In an interview with Shaukat Piracha on Monday, he did not disclose much about such numbers and maintained that they were valid figures.
“My date of birth is October 21,” he said and added that 21 was the most important out of the three.
Vawda, who has apparently replaced PML-Q’s Sheikh Rashid in making such claims, was responding to a query on the acquittal of former prime minister Imran Khan and ex-foreign minister Shah Mahmood Qureshi in the cipher case.
While interpreting the judge’s remarks from the case, he said that it had set a good precedent as politicians would be speaking about judges’ conduct.
He claimed that the Islamabad High Court’s verdict was part of a plan and the PTI leaders would be arrested when they would be released.
While speaking about the controversial post from Khan’s X account, he alleged that some of the PTI’s supporters had left the party as they did not support the anti-state narrative.
He also spoke about Supreme Court judge Justice Athar Minallah on the show, saying that the judge had not allotted PML-N supremo Nawaz Sharif to be seen, but called for making the NAB law tweaks case proceedings live where Khan had appeared via video link.
The independent senator added that the SC did not give evidence of his statement against him.
He added that the Sunni Ittehad Council would not get reserved seats as there were legal loopholes. Vawda called for the establishment to play its role in saving the country from the enemies while speaking about the PTI’s “anti-state” post and May 9 events.
When asked, Vawda said that he would appear in the Supreme Court as the bench including the Chief Justice of Pakistan was an “honest” person.
He claimed that he did not do contempt of court by his press conference.
AAJ News
Independent Senator Faisal Vawda has claimed that 18, 20, and 21 are “important figures” as he continues to make prophecies of the country’s political developments.
In an interview with Shaukat Piracha on Monday, he did not disclose much about such numbers and maintained that they were valid figures.
“My date of birth is October 21,” he said and added that 21 was the most important out of the three.
Vawda, who has apparently replaced PML-Q’s Sheikh Rashid in making such claims, was responding to a query on the acquittal of former prime minister Imran Khan and ex-foreign minister Shah Mahmood Qureshi in the cipher case.
While interpreting the judge’s remarks from the case, he said that it had set a good precedent as politicians would be speaking about judges’ conduct.
He claimed that the Islamabad High Court’s verdict was part of a plan and the PTI leaders would be arrested when they would be released.
While speaking about the controversial post from Khan’s X account, he alleged that some of the PTI’s supporters had left the party as they did not support the anti-state narrative.
He also spoke about Supreme Court judge Justice Athar Minallah on the show, saying that the judge had not allotted PML-N supremo Nawaz Sharif to be seen, but called for making the NAB law tweaks case proceedings live where Khan had appeared via video link.
The independent senator added that the SC did not give evidence of his statement against him.
He added that the Sunni Ittehad Council would not get reserved seats as there were legal loopholes. Vawda called for the establishment to play its role in saving the country from the enemies while speaking about the PTI’s “anti-state” post and May 9 events.
When asked, Vawda said that he would appear in the Supreme Court as the bench including the Chief Justice of Pakistan was an “honest” person.
He claimed that he did not do contempt of court by his press conference.
AAJ News
Bewal Express
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I hope you are right but Munir can't afford IK out.
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US reacts to Imran Khan's acquittal in cipher case
The United States has responded to the acquittal of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in the cipher case.Addressing a press briefing, US State Department spokesman Matthew Miller responded to a question about cipher case stating "The allegations against Imran Khan will be decided by the courts of Pakistan under their own laws,"
His comments came in light of the Islamabad High Court's (IHC) recent decision to acquit Khan and former foreign minister Shah Mahmood Qureshi in a case that has garnered significant international attention.
The IHC's acquittal of Khan and Qureshi marked a significant legal victory for PTI. The court, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, accepted the appeals against their convictions in the cipher case, overturning the ten-year prison sentences handed down by a special court under the Official Secrets Act in January.
The cipher case centered on a diplomatic document that the Federal Investigation Agency (FIA) alleged was not returned by Khan while he was Prime Minister.
Khan has consistently argued that the document contained a threat from the United States to destabilize his government. Despite the acquittal, both Khan and Qureshi remain in custody due to other pending legal matters.
In the same briefing, Miller addressed various issues, including the ongoing situation in Gaza. He noted that the cease-fire offer came from the Israeli government and highlighted internal disagreements within Israel regarding the offer.
"Even within Israel, there are differences over this offer," Miller said. He also mentioned that Hamas's influence has waned since the events of October 7, and stressed that the Gaza issue cannot be resolved solely through military operations.
Source: SAMAA
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FIA challenges Imran, Qureshi's cipher case acquittal in Supreme Court
The Federal Investigation Agency (FIA) on Thursday moved the Supreme Court against the acquittal of top PTI leaders Imran Khan and Shah Mahmood Qureshi in the cipher case.
The Islamabad High Court (IHC) had on June 3 nixed the conviction of the jailed PTI founder and Qureshi in the infamous case containing charges of misusing and misplacing the classified diplomatic document.
The former prime minister and foreign minister were sentenced to 10 years each in prison in the cipher case in January this year, just days before the February 8 elections.
The diplomatic cable controversy first emerged on March 27, 2022, when Khan while addressing a public rally waved a letter before the crowd, claiming that it was a cipher from a foreign nation that had conspired with his political rivals to have PTI government overthrown.
He did not reveal the contents of the letter nor did he mention the name of the nation it came from. But a few days later, he accused the United States of conspiring against him and alleged that Assistant Secretary of State for South and Central Asia Affairs Donald Lu had sought his removal.
The former prime minister, claiming that he was reading contents from the cipher, said that "all will be forgiven for Pakistan if Imran Khan is removed from power".
In its petition submitted to the top court, the FIA said that the high court's judgment is perverse, arbitrary, and contrary to the material available on the record "as such liable to be set aside".
The agency said that the IHC while passing judgment, did not appreciate that it lacks jurisdiction or power to create rights, which are not provided by the Constitution or a validly enacted law.
"It was neither a case of casus omissus nor necessitated application of doctrine of reading in as no constitutional guarantees have been violated," the petition read.
The plea said that the respondents — Imran and Qureshi — were non-cooperative throughout the trial and they made "[e]very possible efforts to delay the proceedings".
"The matter was number of times adjourned on the request of the respondents or their counsels. The witnesses remained present in the court but their cross examination was not carried out by the defense counsels."
The petition mentioned that the prosecution produced documentary evidence along with its forensic analysis through reliable and confidence-inspiring evidence which was not negated during the cross-examination, but this aspect has not been "appreciated by the Honourable Division Bench of Islamabad High Court, while acquitting the respondents".
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The Federal Investigation Agency (FIA) on Thursday moved the Supreme Court against the acquittal of top PTI leaders Imran Khan and Shah Mahmood Qureshi in the cipher case.
The Islamabad High Court (IHC) had on June 3 nixed the conviction of the jailed PTI founder and Qureshi in the infamous case containing charges of misusing and misplacing the classified diplomatic document.
The former prime minister and foreign minister were sentenced to 10 years each in prison in the cipher case in January this year, just days before the February 8 elections.
The diplomatic cable controversy first emerged on March 27, 2022, when Khan while addressing a public rally waved a letter before the crowd, claiming that it was a cipher from a foreign nation that had conspired with his political rivals to have PTI government overthrown.
He did not reveal the contents of the letter nor did he mention the name of the nation it came from. But a few days later, he accused the United States of conspiring against him and alleged that Assistant Secretary of State for South and Central Asia Affairs Donald Lu had sought his removal.
The former prime minister, claiming that he was reading contents from the cipher, said that "all will be forgiven for Pakistan if Imran Khan is removed from power".
In its petition submitted to the top court, the FIA said that the high court's judgment is perverse, arbitrary, and contrary to the material available on the record "as such liable to be set aside".
The agency said that the IHC while passing judgment, did not appreciate that it lacks jurisdiction or power to create rights, which are not provided by the Constitution or a validly enacted law.
"It was neither a case of casus omissus nor necessitated application of doctrine of reading in as no constitutional guarantees have been violated," the petition read.
The plea said that the respondents — Imran and Qureshi — were non-cooperative throughout the trial and they made "[e]very possible efforts to delay the proceedings".
"The matter was number of times adjourned on the request of the respondents or their counsels. The witnesses remained present in the court but their cross examination was not carried out by the defense counsels."
The petition mentioned that the prosecution produced documentary evidence along with its forensic analysis through reliable and confidence-inspiring evidence which was not negated during the cross-examination, but this aspect has not been "appreciated by the Honourable Division Bench of Islamabad High Court, while acquitting the respondents".
FIA challenges Imran, Qureshi's cipher case acquittal in Supreme Court
FIA challenges IHC's order issued on Jun 3 in cipher case.It says judgment does not reflect any ground of acquittal.Agency says high court lacked jurisdiction in the case.ISLAMABAD: The Federal Investigation Agency on Thursday moved...
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