F.P. Report
ISLAMABAD: The Supreme Court on Friday approved former Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan and party’s Vice-Chairman Shah Mahmood Qureshi’s post-arrest bail in the cipher case against surety bonds of Rs1 million each.
A three-member bench, headed by interim Chief Justice Sardar Tariq Masood and comprising Justice Mansoor Ali Shah and Justice Athar Minallah, conducted the hearing. On December 13, the PTI founder and vice-chairman were indicted in the cipher case again by the special court established under the Official Secrets Act 2023 after the Islamabad High Court (IHC) declared their jail trial null and void.
Both politicians have pleaded not guilty to their involvement in the offence related to the alleged misuse of diplomatic cable for political purposes. During the court proceedings on Friday, the top court also heard the petition against Khan and Qureshi’s October 23 indictment. At the outset of the hearing, Justice Masood remarked that the indictment that was challenged was already nullified by the IHC on November 21.
As a result, Khan and Qureshi’s Oct 23 indictments in the case also stood null and void, and the trial was conducted again. Justice Masood said that the fresh indictment will not be affected by the previous proceedings that were declared invalid by the IHC. At this, the former PM’s counsel Hamid Khan argued that the trial was taking place on the previous charge sheet. Justice Masood noted that the petition against the old charge sheet has become infructuous. “If you have an objection to the fresh indictment then challenge it in the high court,” the judge told the lawyer.
To this, Hamid requested the court to wait for the IHC’s decision on Friday against the in-camera trial in the cipher case. Khan’s other counsel Barrister Salman Safdar said that Hamid had made amendments to his petitions, requesting the court to take it as a fresh one.
The court then adjourned the hearing on the plea against indictment and took up the bail petitions. Presenting his argument against the bail petitions, the Federal Investigation Agency (FIA) prosecutor said that notice hasn’t been issued on Qureshi’s bail plea. After this, the court issued notice to the federation on Qureshi’s bail petition.
Justice Shah said that the December 13 indictment in the cipher case has not been challenged. “The FIA remained silent in the case for seven months and then arrested the PTI leader as soon as he [Imran Khan] was granted bail in the Toshakhana case,” the counsel told the bench.
Barrister Safdar said, as per the allegations of the prosecution, that FIA had started an inquiry following the federal government’s instructions after the audio leak, alleging that during the meeting on March 28, 2022, in Bani Gala, a conspiracy was made to misuse the cipher. He added that the former premier was also accused by the FIA of keeping the cipher’s copy and not returning it. “The FIR has four names but the FIA is only investigating two people. Asad Umar and Azam Khan were also to be investigated,” he said.
Justice Minallah asked how did FIA had the information about the Bani Gala meeting. “The FIA can answer this question as the prosecutor has not revealed the sources,” responded Barrister Safdar, adding that it was claimed that the cipher was received from Foreign Office, however, no complaint has been made from there. Barrister Safdar said that the former PTI chairman was being targeted for political purposes.
Safdar argued that the provisions of the death sentence or life imprisonment could not be imposed against the former premier. Justice Masood said that the cipher was not shared with anyone but it has been aired. Barrister Safdar said that the meeting in which the cipher conspiracy was allegedly planned took place on March 28, 2022, while the challan alleges that Imran Khan brandished the cipher on March 27, 2022.
“The original cipher is with the Foreign Office and if it was leaked then it is the Foreign Office’s crime,” remarked Justice Minallah, adding that the cipher cannot be discussed in public. The PTI counsel then read Qureshi’s speech during the rally on March 27, 2022, at the parade ground. At this, Justice Masood said the then-foreign minister was sensible as he “knew what to say and what not to say” in the public and he “trapped” Khan.
Barrister Safdar told the court that the PTI’s founder did not share anything with the public. “On what basis does the prosecution think that it is necessary to keep the accused in custody,” questioned Justice Minallah. Safdar said that no political leader has 40 cases filed against him, requesting the court that the manner in which these cases are being registered should stop.
Presenting his arguments, Qureshi’s counsel Ali Bukhari said that the PTI vice chairman is not accused of keeping the cipher nor sharing it with anyone. Justice Minallah asked Bukhari if Qureshi was contesting the polls, to which, the counsel replied that his client would submit the nomination papers on Friday. “Participating in elections is a strong ground for bail,” said Justice Minallah. He questioned how the cipher leaked when it only had one original copy which was with the foreign office.
