Supreme Court approves Imran Khan, Qureshi’s bail in cipher case

The Supreme Court of Pakistan has approved the bail of former premier and PTI founder and vice chairman Shah Mehmood Qureshi in the cipher case, reported 24NewsHD TV channel.

A three-judge bench of the Supreme Court headed by Acting Chief Justice Sardar Tariq Masood, comprising Justice Mansoor Ali Shah and Justice Athar Minallah, heard PTI founder and Vice Chairman Shah Mehmood Qureshi's bail plea in the cipher case.

The Supreme Court accepted the appeal against the High Court decision and approved the bail of PTI founder Imran Khan and Vice Chairman Shah Mahmood Qureshi against a bond of Rs1 million each.

PTI lawyer Salman Safdar said that the secret codes of the cipher had never been with the former prime minister, on which Justice Athar Minallah said that the Ministry of Foreign Affairs discloses the cipher to the government to help in foreign policy, while Justice Mansoor Ali Shah said that the purpose of the Official Secrets Act is to prevent sensitive information from being leaked, diplomatic information is also sensitive but of a different nature.

PTI lawyer Safdar said that Pakistani Ambassador to America Asad Majeed had sent the cipher as the most sensitive document, on which Justice Shah said ‘you agree that sensitive information cannot be shared’.

The PTI lawyer said that what is to be seen is whether sensitive information has been shared or not, the provisions of death sentence or life imprisonment are not imposed against the former prime minister.

The Acting Chief Justice of Pakistan said that the cipher was not shared with anyone but it was broadcast on air.

Lawyer Safdar told the court that cipher was received by Azam Khan from the Ministry of Foreign Affairs as Principal Secretary, the meeting in which cipher conspiracy is alleged to have been planned took place on March 28, 2022. But according to the challan, the allegation that Imran waved the cipher in a public meeting, it happened on March 27, 2022, he added.

Justice Athar Minallah said that the original cipher is in the Ministry of Foreign Affairs, if it has gone outside, it is a crime of the Foreign Office, the cipher cannot be discussed in public.

Lawyer Safdar said that Shah Mehmood Qureshi said in his speech said that he had told the prime minister about the conspiracy and he was bound by oath. After this statement, Shah Mehmood Qureshi has been in jail for 125 days, he added.

The lawyer also read out the speech of the then Foreign Minister Shah Mahmood Qureshi in the parade ground in the Supreme Court on March 27, 2022.

Acting Chief Justice Sardar Tariq Masood said that the Foreign Minister himself was sensible, he knew what to say and what not, but he did not say a word himself. Shah Mahmood himself escaped and asked the PTI founder to read the cipher.

Safdar said that the founder of PTI had not shared anything with the public. If the cipher has already been made public, then why does the prosecution need the cipher trial in camera? On which Justice Minallah inquired on what basis does the prosecution think that it is necessary to keep the accused in custody?

After hearing the arguments of the lawyers of the parties, the Supreme Court accepted the bail request of Imran Khan and Shah Mahmood Qureshi and said that at this time the matter is not about the PTI founder but about the public rights.

The court accepted the bail applications of Imran Khan and Shah Mehmood Qureshi against the surety bonds of Rs1 million each.

Justice Shah asked if another country benefited from the deterioration of the Pakistan-US relations, how was the investigation done? There is no mention of spoiling relations in the FIR.

Justice Minallah remarked: “Has a country not become a laughing stock if its prime ministers are thrown out before time? Will the Official Secrets Act apply to premature removal of prime ministers?”

Prosecutor Raja Rizwan Abbasi said because of the cipher, the country has become a laughing stock in the world including India. He said that the court cannot look into the criminal case under Article 184/3. On which Justice Shah said ‘how can it be that the Supreme Court is the basis of the Criminal Code. Can't see the basic rights?’

Lawyer Shah Khawar said that the court has the authority to see the fundamental rights, on which Justice Shah said, “Nowhere in Asad Majeed's statement is it written that any other country has benefited, the court is not justifying making cipher public but it is a matter of law. Yes, they should clarify the basis for imposing the death penalty, so far as no witness statement proves that a foreign power has benefited.”

Justice Minallah said: ‘On the one hand, you say that the case will be conducted in-camera but the statements of the witnesses have started to be read.”

On this, prosecutor Abbasi said that there was a lot of excitement in India when the cipher was waved.

Justice Minallah said, "What happened to the Baloch families yesterday, do you think, no clamour would have raised on it?"

On this, prosecutor Abbasi said that the enemy would benefit by affecting the bilateral relations.

Justice Minallah remarked that former prime minister Imran Khan was not proved guilty, he is innocent.

He went on to say that nowadays the biggest matter is election. The ECP focus should be on holding transparent elections. He asked why a political party has been thrown out of the electoral process.

The Acing Chief Justice ordered the attorney general to direct all the police IGs to refrain from creating troubles for the PTI candidates  

The Supreme Court also ordered the Election Commission to hear the complaints of the PTI by 3pm today.

The attorney general and the ECP assured the court of cooperation.

Speaking to the media after the hearing of the case, PTI lawyer Barrister Salman Safdar said that the air has come out of the balloon of the cipher case. He said that the prosecutor completely failed to answer the questions in the court today and the government has not been able to prove that this is a death penalty case.

SC dismisses Imran's plea against his indictment in cipher case

Earlier, the Supreme Court of Pakistan dismissed former premier and PTI founder Imran Khan’s plea against his indictment in the cipher case after declaring it ineffective.

A three-judge SC bench headed by Acting Chief Justice Sardar Tariq Masood and comprising Justice Mansoor Ali Shah and Justice Athar Minallah heard a petition filed by the former premier Imran Khan and former foreign minister Shah Mehmood Qureshi against their indictment in the cipher case and another plea seeking their bails in the same case on Friday.

The FIA prosecutor told the court that no notice was issued on Qureshi’s bail application, on which the acting chief justice remarked that he would issue the notice right now. “Why you are in a hurry, the prosecution is in the court, we are issuing the notice to the state for today.”

PTI founder’s lawyer Salman Safdar Advocate said that the trial of our case goes on till 6 pm, even beyond, after the court hours. On which, Justice Sardar Tariq Masood remarked ‘people say that the case is not going on, if your case is going on why you are objecting?’

The PTI lawyer said that the court recorded statements of 13 witnesses in a hurry.

Acting CJP Masood remarked speedy trial was the right of every accused. ‘Why do you want the trial should not be held speedily’.

The lawyer said that the high court is hearing a petition against the in-camera trial of the cipher case. And the second petition is against the indictment, he added.

The acting CJP remarked that the indictment which was challenged has been dismissed by the high court. There will no effect on the new indictment of the old proceeding.

Then the acting CJP dismissed the petitioners’ plea against their indictment declaring it ineffective.

Lawyer Salman Safdar said Hamid Khan has amended the application, now it should be taken as a new application, on which Justice Mansoor Ali Shah said how can we hear the amended application before it is first heard by the High Court?

Justice Shah said that the indictment of December 13 was not challenged in the cipher case, on which lawyer Hamid Khan requested the court to wait for today's High Court proceedings.

The Acting Chief Justice said that even if the High Court acquits, nothing could be done on this petition, the petition against the indictment has become ineffective.

PTI's lawyer said, "Give it an adjournment today, maybe I will withdraw the petition filed against the indictment on the next hearing.”

On this, Sardar Tariq Masood said that if the indictment case is postponed, the bail application case would also be postponed."

Reporter Farzana Siddique