“Former PM Imran Khan has not been found guilty, he is innocent,” observes Justice Athar Minallah
In a significant development, the Supreme Court of Pakistan on Friday approved post-arrest bail for former Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan and Vice-Chairman Shah Mahmood Qureshi in the cipher case. The bail was granted against surety bonds of Rs1 million each, bringing relief to the prominent political figures.
The three-member bench, led by interim Chief Justice Sardar Tariq Masood and comprising Justice Mansoor Ali Shah and Justice Athar Minallah, presided over the hearing. The decision comes after both Imran Khan and Shah Mahmood Qureshi were indicted in the cipher case on December 13. The special court, established under the Official Secrets Act 2023, had nullified their jail trial, leading to the subsequent bail application.
The politicians have pleaded not guilty to the charges related to the alleged misuse of diplomatic cable for political purposes. During the proceedings, the court also addressed the petition against the October 23 indictment. Justice Masood noted that the fresh indictment would not be affected by the previous proceedings declared invalid by the Islamabad High Court (IHC) on November 21.
In response to the developments, Imran Khan’s counsel, Hamid Khan, raised concerns about the trial taking place on the previous charge sheet. Justice Masood advised challenging any objection to the fresh indictment in the high court. Meanwhile, Barrister Salman Safdar, representing Khan, highlighted amendments made to the petitions and requested the court to treat them as fresh ones.
As the hearing unfolded, the court adjourned the plea against the indictment, focusing on the bail petitions. This decision provides respite to the political leaders and adds a layer of clarity to the legal proceedings, emphasizing the rule of law and due process.
The hearing
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.
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“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.
‘Cipher case has become zero’
Speaking to the media following the SC verdict, PTI lawyer Barrister Salman Safdar said the cipher case has reached its conclusion.
He said the federal government failed to prove that the cipher case is a serious offence that carries a maximum penalty of death sentence or life imprisonment.
Barrister Safdar said when nothing was found in other cases against the PTI leaders then the government used the cipher case against them for “political victimisation”.
“Supreme Court has made some observations [regarding the cipher case] which will make it difficult for the government to defend [the case] in the trial court,” he added.
“The cipher case has become zero, nothing is left in this now.”
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