IHC to resume hearing of PTI founder, Bushra's appeals against conviction in gifts, cipher cases
Pakistan
Two-member IHC bench will conduct hearing
ISLAMABAD (Web Desk) - The Islamabad High Court (IHC) will resume today hearing of appeals filed by PTI founder, his wife Bushra Bibi, and former foreign minister Shah Mahmood Qureshi against their convictions in the cipher and Toshakhana cases.
A special bench of the Islamabad High Court (IHC) comprising IHC Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb will conduct hearing.
Previously, the bench had dismissed the objections raised by prosecution over maintainability of the petitions after PTI founder’s counsel Barrister Salman Safdar advanced arguments against the objections raised by the Federal Investigation Agency (FIA) prosecutor Hamid Ali Shah over the maintainability of the appeals.
Special prosecutor Hamid Ali Shah pointed out that since the original law, promulgated in 1923, did not provide the right of appeal.
A provision of the Secrets Act (section 10) allowed an appeal to the extent of trial proceedings, but not against conviction, Shah added.
In reply to a query by Justice Farooq whether there was no provision of filing an appeal under the Criminal Procedure Code (CrPC), the prosecutor replied that the law was silent on the matter.
Shah further contended that the two-member division bench could not hear an appeal against conviction under the Special Secrets Act. On the other hand, Barrister Salman Safdar argued that CrPC was applicable in this case.
He further claimed that the CrPC would indeed apply to the Official Secrets Act, allowing for an appeal.
