Open court hearing of cipher case could affect Pakistan's diplomatic ties: FIA

IHC reserves verdict on FIA’s plea for in-camera hearing.

Open court hearing of cipher case could affect Pakistan’s diplomatic ties: FIA. The Federal Investigation Agency on Monday appealed to the Islamabad High Court (IHC) for an in-camera hearing on Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s bail plea in the cipher case as it is fearful that an open court hearing could harm Pakistan’s diplomatic ties with other states if the matter is discussed publicly.

FIA Special Prosecutor Shah Khawar made the appeal after the court met following a short break.

Before the break, the IHC decided to hear the FIA’s plea for an in-camera hearing along with the PTI chief’s petition for bail.

“Let’s hear the application for in-camera proceedings along with the main application for bail,” observed the court when it took up the petition.

Once the court met after the break, the IHC CJ inquired if the bail plea could be heard in-camera.

However, Khawar told the court that under the Official Secrets Act, a trial cannot be made public, adding that they would move a similar plea in the trial court.

“There are some statements and information that cannot be made public,” said the lawyer. He added that they also have to place statements related to other countries before the court.

“Sharing such information in an open court can affect Pakistan’s diplomatic ties with other countries,” said Khawar.

At this, IHC CJ Farooq observed that when the court would write its verdict on the bail plea it would be made public so why the hearing should be held in-camera?

What are SOPs for handling a cipher?

Then, the court asked about the SOPs for handling a cipher.

To the court’s query, Additional Attorney General Munawar Iqbal Dogal briefed the bench on the matter.

While adding to this, Khawar stated that a cipher is sent by a Pakistan embassy in a coded form and it is de-coded at the Foreign Office.

Then a copy is sent each to the president, prime minister, army chief and director general of the Inter-Services Intelligence, he explained, adding that after it is seen by all the relevant offices, the copies are sent back to the Foreign Office where these are discarded.

“Only the real cipher stays at the Foreign Office,” added Khawar.

“Are all the codes [for a cipher] universal,” asked IHC CJ.

At this, AAG Dogal said every country has a different coded message.

“How does the cipher come?” asked IHC CJ Farooq.

Khawar informed the court that it comes in a coded form via email or fax.

Imran Khan’s lawyer opposes in-camera hearing

Meanwhile, the PTI chief’s lawyer, Salman Safdar, opposed the FIA’s plea for an in-camera hearing. In his arguments, he contended that they had stated in the last hearing that they were okay with barring irrelevant people from the court.

“During my nine years [as a justice] I have not heard any case in-camera. I must have done one or two in-camera hearings on missing persons case,” remarked the IHC CJ.

Moving on, Safdar further argued that the FIA never moved such a plea when they argued the case in the trial court.

He also added that if there was any sensitive information in the case then it could be discussed in the chamber or it could be given in writing by the prosecution.

The PTI chief’s lawyer further added that were expecting live coverage of the case.

At this point, the IHC CJ informed the lawyer that a committee is tasked to prepare guidelines for the live streaming of court proceedings.

“There is concern that sensitive information will be made public if the case is heard in an open court,” AAG Dogal intervened.

The IHC then reserved the verdict and CJ Farooq stated that they would announce a new date for the hearing.

Last week, the IHC had ruled that today’s hearing on the PTI chief’s bail plea in the cipher case will take place in an open court.

IHC Chief Justice Aamer Farooq had stated this in a two-page written order in response to the prosecution’s request for in-camera proceedings.

The FIA had initially sought closed-door hearings, citing the presence of “privileged” and “sensitive” documents and information.

The court had, consequently, instructed the FIA prosecutors to submit a separate petition for in-camera proceedings during the upcoming hearing.

Following this, the FIA, a day earlier, moved a formal petition for an in-camera hearing.

Verdict on Imran Khan bail pleas expected today

Meanwhile, the IHC is also expected to announce its verdict on the PTI Chairman’s bail plea in nine cases.

A two-member bench, comprising IHC CJ Aamer Farooq and Justice Tariq Mehmood Jahangiri, will announce the reserved verdict.

Sessions and an anti-terrorism courts had dismissed the PTI chief’s plea for seeking bail till a final decision was made in the nine cases. The PTI chief then moved the high court.

Khan had contended in the pleas that the authorities should be barred from arresting him in these nine cases till a final decision is not given. He also stated that the courts should be instructed to decide the nine cases on merit.

According to the application, three of these cases are related to the May 9 incidents and three are on the protest in Islamabad, while one case is the Toshakhana case, another of violation of Section 144 and another of an attempt to murder.