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The Federal Investigation Agency (FIA) on Monday informed the Islamabad High Court (IHC) that an open hearing of PTI Chairman Imran Khan\u2019s bail plea<\/a> in the cipher case<\/a> could pose a \u201crisk of deteriorating relations with other countries\u201d.<\/p>\n The cipher case pertains to a diplomatic document<\/a> which reportedly<\/a> went missing from Imran\u2019s possession. The PTI alleges<\/a> that it contained a threat from the United States to oust the party chairman from office.<\/p>\n Following the suspension<\/a> of the PTI chairman\u2019s three-year jail term in the Toshakhana case<\/a>, it had emerged<\/a> that he had been in judicial remand in the cipher case.<\/p>\n The post-arrest bail pleas of Imran and PTI Vice Chairman Shah Mahmood Qureshi were rejected<\/a> by the special court earlier this month, following which the ex-premier approached<\/a> the IHC seeking the same.<\/p>\n On September 26, both leaders\u2019 judicial remand was extended till October 10 and as per the IHC\u2019s orders<\/a>, the PTI chief was shifted<\/a> to Rawalpindi\u2019s Adiala Jail from the Attock district jail.<\/p>\n Last week, IHC Chief Justice Aamer Farooq passed an order declaring that Imran\u2019s bail application would be heard in an open court.<\/p>\n Meanwhile, the FIA submitted a challan (charge sheet) in the Special Court established<\/a> under the Official Secrets Act, declaring<\/a> Imran and Qureshi principal accused<\/a> in the cipher case.<\/p>\n A day ago, the FIA filed a petition<\/a> in the IHC seeking in-camera proceedings of the PTI chief\u2019s bail plea in the case. The police have also ramped up security<\/a> in the vicinity of the Adiala jail by deploying elite commandos and setting up additional security pickets.<\/p>\n Today, Justice Farooq took up the FIA\u2019s plea. Barrister Salman Safdar appeared as Imran\u2019s lawyer while special prosecutor Shah Khawar was present as the FIA\u2019s counsel.<\/p>\n During the hearing, the prosecutor contended: \u201cWe also have to present statements regarding other countries before the court. By bringing such statements before an open court, there is a risk of deteriorating relations with other countries.\u201d<\/p>\n Additional Attorney General (AAG) Munawar Iqbal Dogal also presented the code of conduct pertaining to diplomatic state documents before the IHC.<\/p>\n Meanwhile, Safdar pointed out that the FIA\u2019s request, which was meant to prevent matters from being made public, contradicted its stance that the PTI chief had already \u201cmade the cipher public\u201d.<\/p>\n Subsequently, the IHC reserved its verdict on the FIA\u2019s plea seeking in-camera proceedings of Imran\u2019s bail plea.<\/p>\n At the outset of the hearing, the special prosecutor began presenting his arguments before the court.<\/p>\n When Justice Farooq enquired Imran\u2019s lawyer if he had seen the FIA\u2019s plea, the latter replied that he would like to make a few requests before the court. To this, the judge said to let the prosecution present their arguments first as they have filed the plea.<\/p>\n Noting that the trial case was \u201cseparate\u201d, Justice Farooq asked the prosecutor, \u201cCan the bail plea be also heard in-camera?\u201d<\/p>\n To this, Khawar replied that as per the Official Secrets Act, the trial could not be made public. He informed the court that the FIA would also file a plea in the trial court today.<\/p>\n \u201cWe have to present some important documents and statements before the court during the bail plea hearing. We also have to bring a few countries\u2019 statements on the record,\u201d he told the court.<\/p>\n The prosecutor claimed, \u201cIf this proceeding is made public, relations with a few countries can be affected. The bail plea can also be heard in-camera. Some statements and content are such that they cannot be stated in public.<\/p>\n \u201cWe also have to present statements regarding other countries before the court. By bringing such statements before an open court, there is a risk of deteriorating relations with other countries,\u201d he added.<\/p>\n At this, Justice Farooq noted that the court\u2019s verdict on the bail plea would be public regardless and asked, \u201cIf the verdict will be public, why should the hearing be held in camera?\u201d<\/p>\n When the prosecutor stated that the cipher was a \u201csecret document\u201d, the judge asked him to explain the code of conduct pertaining to a cipher and who decodes it.<\/p>\n At this point during the hearing, AAG Dogal appeared before the court and apprised the court of the cipher\u2019s code of conduct.<\/p>\n \u201cCoded ciphers are sent from Pakistan\u2019s embassies abroad. The cipher is decoded by the Foreign Office,\u201d he said. Justice Farooq then asked, \u201cAre all these codes universal?\u201d<\/p>\n To this, Dogal answered: \u201c A copy of the cipher is sent to the president, prime minister, the army chief and the ISI DG (Inter-Services Intelligence director general). The cipher has to come back to the Foreign Office after [circulating] from all places.<\/p>\n \u201cUpon reaching the Foreign Office, the decoded cipher is destroyed. Only the original cipher remains with the Foreign Office,\u2019 the AAG added.<\/p>\n At this point during the hearing, Imran\u2019s lawyer began presenting his arguments before the court.<\/p>\n Safdar recalled that the FIA stated in a previous hearing that it wanted to file an application and in response, he had agreed to the court ordering whomever it deemed necessary to exit the courtroom.<\/p>\n Here, Justice Farooq remarked, \u201cI have not held an in-camera hearing in the past nine years. Perhaps once or twice in a case pertaining to missing persons.\u201d<\/p>\n The PTI lawyer then lamented that the FIA did not file the plea when he presented the arguments before the trial court<\/a>. \u201cNow, they are filing an application at this stage,\u201d he said.<\/p>\n Noting that the \u201cpublic knows what the case is\u201d and that the trial court has distributed the copies of the challan it had received in the case, Safdar contended, \u201cNow, the trial court is the best platform for this application.\u201d<\/p>\n He highlighted that the case against Imran was registered on charges of making details of the cipher public. \u201cThe prosecution\u2019s request regarding in-camera proceedings contradicts the case,\u201d the PTI lawyer said, adding that the government prosecution had given him an \u201coutstanding argument\u201d today.<\/p>\n \u201cThe FIA plea says an in-camera hearing should be held to prevent anything from becoming public,\u201d Safdar stated. \u201cBut if the cipher has already been made public, what is the prosecution trying to hide now?\u201d<\/p>\n Here, Justice Farooq hinted at showing the court proceedings live to which Safdar said he had come to the court today prepared for an open court hearing.<\/p>\n The PTI lawyer also argued that in instances of sensitive matters, an \u201cin-chamber hearing\u201d could be held but reiterated that an application for in-camera proceedings could only be filed in the trial court.<\/p>\n After listening to the arguments, the CJP said: \u201cThe proceeding will definitely be streamed live, we have placed the matter before the full court.\u201d<\/p>\n He noted that the court had to decide if an open hearing or in-camera proceedings would be held and announce a date to rehear the case.<\/p>\n For his part, Safdar requested the court to fix the case within a day or two.<\/p>\n Separately, a two-member bench of the IHC accepted a set of petitions today filed by the PTI against trial courts\u2019 decisions to dismiss Imran\u2019s bail in nine cases.<\/p>\nIHC overturns trial courts\u2019 verdict on Imran\u2019s bail in 9 cases<\/h2>\n