IHC reserves verdict as FIA insists on in-camera hearing of cipher case
Pakistan
IHC reserves verdict on in-camera court hearing in cipher case
ISLAMABAD (Web Desk) - The Federal Investigation Agency (FIA) on Monday pleaded the Islamabad High Court (IHC) for conducting an in-camera hearing on Pakistan Tehreek-e-Insaf (PTI) chairman’s bail plea in the cipher case, expressing fear that an open court hearing could harm Pakistan's diplomatic ties with other states.
FIA’s Special Prosecutor Shah Khawar made the request after the court met following a short break.
Earlier before break, the court 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,” said 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. Khawar said under the Official Secrets Act, a trial could not be made public. He said they were going to move a similar plea in the trial court.
The lawyer said there were some statements and information that could not be made public. He said they had to place statements related to other countries before the court. Khawar said sharing the information in an open court could affect Pakistan's diplomatic ties with other countries.
At this, IHC CJ Farooq observed when the court would write its verdict on the bail plea, it would be made public so why should the hearing be held in-camera? The court asked about the SOPs for handling a cipher.
Additional Attorney General Munawar Iqbal Dogal gave a briefing to the bench on the matter. Khawar said a cipher was sent by a Pakistan embassy in a coded form and it was de-coded at the Foreign Office.
Then a copy was sent each to the president, prime minister, army chief and director general of the Inter-Services Intelligence, he said. He added that after it was seen by all the relevant offices, the copies were sent back to the Foreign Office where these were discarded. Khawar said only the real cipher stayed at the Foreign Office.
The court asked if all the codes [for a cipher] were universal. At this, AAG Dogal said every country had a different coded message.
Khawar added the cipher was received in a coded form via email or fax.
The PTI chief’s lawyer, Salman Safdar, opposed the FIA’s plea for an in-camera hearing.
The IHC CJ said during his nine years [as a justice] he had not heard any case in-camera except one or two in-camera hearings on missing persons case. Safdar contended that the FIA never moved such a plea when they argued the case in the trial court.
He said if there was any sensitive information in the case, it could be discussed in the chamber or it could be given in writing by the prosecution. The PTI chief’s lawyer said they were expecting live coverage of the case.
At this point, the IHC CJ informed the lawyer that a committee was tasked to prepare guidelines for live streaming of court proceedings.
Intervening, in the meanwhile, AAG Dogal said there was concern that sensitive information would be made public if the case was heard in an open court. The IHC then reserved the verdict as CJ Farooq stated that they would announce a new date for the hearing.
