Cipher Case: IHC questions veracity of leaked audio evidence, cameraman’s statement

Islamabad High Court Justice Miangul Hassan Aurangzeb has taken the FIA Prosecution team to the task over witnesses of the case while hearing PTI Founder Imran Khan and Shah Mahmood Qureshi’s review petitions against punishment in Cipher Case, reported 24NewsHD TV channel.

Islamabad High Court Chief Justice Amir Farooq and Justice Miangul Hassan heard the review petition on Wednesday.

During the hearing, FIA Special Prosecutor Hamid Ali Shah told Islamabad High Court that FIA has electronic evidence against PTI founder Imran Khan and Shah Mehmood in the Cipher case, adding that leaked audios of four people including the PTI Founder were circulating on the internet in which it can be heard that they were planning to play with the secret document for their personal and political interests.

On this statement, Justice Miangul Hassan questioned the prosecutor that who posted the leaked audios on the internet? Do you (prosecution team) accept everything posted on internet? “I don’t do so”, Justice Miangul told the prosecution.

Justice Miangul further said that “the Internet was full of lies unless something is proven true”.

Justice Miangul  further said the audio of the former chief justice was leaked and later found to be incorrect during the probe. Justice Miangul raised the question, do you accept everything that comes on the Internet as true? You got a 10-year sentence for something you found on the internet?”

The prosecutor told the court that these audios were uploaded from the verified account of a person named Azhar on September 28, 2022.

Justice Miangul asked whether this Azhar was called and questioned by FIA how he obtained these the leaked audios of PM House? If it is bugged, will the prosecution have the courage to present it in court?The court questioned how Azhar hacked the conversation of then foreign minister with the Prime Minister at PM House and put it on the internet?.

The court asked the prosecution “at one side you say leave Azhar but what he said was absolutely right”. The FIA should get to the root of the matter, the judge asked. Justice Miangul told the prosecution that it was in the judgment of former Chief Justice of Supreme Court Asif Saeed Khosa that no audio recording can be done and accepted as proof in the court. The prosecutor said this is not their only evidence, there are others witness too.

The prosecution said that PTV's cameraman had also given a statement that he had recorded the speech of PTI founder in the March 27 rally and provided the CD of the recording to FIA, adding that the CD contains the speech and its transcript.

The prosecution told IHC that PTV cameraman stated that he saw the PTI founder waving the paper.

Justice Miangul asked sarcastically that “this is your star witness?” The Chief Justice said how can a cameraman say this, he can only say that he made recording of the statement.

Justice Miangul remarked that FIA was now relying on the statement of the cameraman instead of Azam Khan? Are the prosecutor's legs were trembling that then PM secretary Azam Khan's statement will not be accepted?.

Justice Miangul questioned the prosecution that “Are you relying on the statement of the cameraman thinking that Azam Khan's statement is lost?”

FIA Prosecutor Hamid Ali Shah said that their next witness was Foreign Office Director Iqra Ashraf. He said the transcript of the Foreign Office spokesperson's briefing on the cipher was also available for the record.

Justice Miangul said that Iqra Ashraf wrote in her statement that this was not her final statement. The girl showed honesty that the FIA has taken a statement from her in haste. Can you rely on Iqra Ashraf's non-conclusive statement? You took an incomplete document to achieve your goal?, the IHC Justice questioned from the FIA team.

The prosecutor told the court that non-conclusive does not mean that the statement of Iqra Ashraf was made in haste, but that something more could be added in it. Justice Mian Gul Hassan then said, “I cannot rely on an incomplete statement, can you?”

The prosecutor said that he was not relying only on this testimony, there are other evidences in cipher case against PTI founder and Qureshi.

The prosecution also told the court that team will try to complete the arguments in the next hearing, after which IHC adjourned the hearing of the case till tomorrow (Thursday).