IHC seeks 'proof' ex-PM retained cipher
Pakistan
The chief justice asked if there was any record that the cipher was handed over to the former PM
ISLAMABAD (Dunya News) – The Islamabad High Court (IHC) on Tuesday observed that the Federal Investigation Agency (FIA) had no proof that cipher was retained by the former prime minister and it went missing from his possession.
The observation was made by a division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb while hearing appeals filed by the ex-PM, who is the founder of the PTI, and his foreign minister Shah Mehmood Qureshi against their conviction in the cipher case.
Earlier, defence counsel Barrister Salman Safdar had submitted a report of the foreign ministry regarding distribution of copies of the secret document. The report revealed that almost every recipient, including the former army chief and the chief justice, returned the copy “after a case was registered against the former prime minister.”
Special prosecutor Hamid Ali Shah briefed the court on how the cipher was sent to the PM Office from the foreign ministry. Chief Justice Farooq asked him if the FIA had any record that prove the ex-PM retained the cipher.
The chief justice asked him if there was any record that the cipher was handed over to the former prime minister. The prosecutor replied that former principal secretary Azam Khan testified that it was handed over to the ex-PM.
Chief Justice Farooq expressed his doubts on Azam Khan’s claim. “We believe it’s hearsay,” he remarked and added that there was a possibility that the former PM had asked his secretary to return the cipher.
Hamid Shah submitted that the court had reasons to believe that the ex-PM received and perused the cipher and mentioned it his speeches, and even sent a demarche to the US.
“But how do we know it was not returned?” Chief Justice Farooq repeated his question. The special prosecutor also stuck to his earlier reply and stated that the witnesses testified on oath.
Hamid Shah added that the ex-PM admitted during a public speech and an interview with a news channel the fact that the cipher was in his possession.
Justice Aurangzeb remarked that politicians used to make such statement to arouse sentiments of the crowd.
He asked the defence counsel to apprise the court of the First Information Report (FIR) registered over Azam Khan’s alleged abduction.
Justice Farooq directed him to submit a challan or discharge report in the FIR by May 2.
