<\/p>\n
The Islamabad High Court (IHC) on Friday rejected former prime minister Imran Khan\u2019s petition seeking post-arrest bail<\/a> in the cipher case<\/a>.<\/p>\n The cipher case pertains to a diplomatic document<\/a> that the FIA charge sheet alleges was never returned<\/a> by Imran. The PTI has long held that<\/a> that the document contained a threat from the United States to oust Imran as prime minister.<\/p>\n On Monday, both Imran and former foreign minister Shah Mahmood Qureshi were indicted<\/a> by a special court hearing the case. They have pleaded not guilty.<\/p>\n Imran had filed several petitions in the IHC \u2014 seeking to stay<\/a> his jail trial, for bail<\/a> in the cipher case, against<\/a> his indictment in the cipher case, to suspend<\/a> the Toshakhana verdict, and one seeking cancellation of the first information report in the cipher case.<\/p>\n On Oct 16, the IHC had reserved<\/a> its verdict on the pleas seeking bail and quashing of the FIR while also disposing of the petition challenging the PTI chief\u2019s jail trial.<\/p>\n A day ago, the IHC endorsed<\/a> Imran\u2019s indictment, disposing of his plea against the same, but also instructed the special court judge to ensure a \u201cfair trial\u201d.<\/p>\n Today, IHC Chief Justice Aamer Farooq pronounced the reserved verdict, rejecting the former premier\u2019s pleas seeking post-arrest bail and the quashing of the case.<\/p>\n The written verdict issued by the court, a copy of which is available with Dawn.com<\/em>, declared both petitions as \u201cwithout merit\u201d and were \u201caccordingly dismissed\u201d.<\/p>\n \u201cIt is clarified that any observations, made hereinabove, are tentative in nature and shall not prejudice learned trial court during the trial,\u201d the judgement emphasised.<\/p>\n On the matter of the plea seeking dismissal of the case, it stated that the petitioner had the \u201cefficacious and alternate remedy by way of moving an appropriate application\u201d under section 249-A (power of magistrate to acquit accused at any stage) of the Code of Criminal Procedure<\/a>.<\/p>\n \u201cMoreover, the petitioner is co-accused in the case and even if the arguments Referring to a previous Supreme Court verdict, the IHC said it showed that \u201ccontents of cipher were such that they only called for demarche and not any Addressing the arguments made in the pleas, the judgment said Imran, \u201cwhen Noting that the punishment for the offence committed under section 5(1)(a) (wrongful communication, etc of information) of the Official Secrets Act<\/a> was \u201cdeath or imprisonment up to fourteen years\u201d, the IHC said it attracted the prohibitory clause of section 497 (when bail may be taken in ease of non-boilable offence) of the CrPC and \u201cthere does not exist any ground for further inquiry\u201d.<\/p>\n The IHC stated, \u201cThe case law cited by the petitioner for grant of bail in the facts and circumstances is not relevant in as much as undoubtedly the evidence is all documentary but according to the prosecution, the copy of cipher is still in custody of the petitioner and [\u2026] where allegations are serious and prima facie link the accused with the commission of the offence, bail is to be denied in case of Official Secrets Act, 1923.\u201d<\/p>\n Last month, the special court had rejected<\/a> Imran\u2019s and PTI Vice Chairman Shah Mahmood Qureshi\u2019s bail pleas in the cipher case.<\/p>\n On September 30, the Federal Investigation Agency (FIA) had submitted a challan \u2014 a charge sheet \u2014 in a special court established under the Official Secrets Act naming<\/a> PTI leader Shah Mahmood Qureshi and Imran as the principal accused in the case.<\/p>\n According to the charge sheet, the PTI chief, while holding the office of the prime minister, used the cipher in a \u201cprohibited place (jalsa<\/em>)\u201d and \u201cwillfully communicated\u201d the secret information to unauthorised persons, which was against the \u201cinterest of the State of Pakistan\u201d.<\/p>\n \u201cThe cipher was entrusted to you in confidence by the Ministry of Foreign Affairs [but] you used the document while keeping it in your possession for the benefit of your personal political designs and compromised the cipher and the security system of Pakistan,\u201d it read.<\/p>\n The charge sheet had further stated that Imran conspired to \u201cmisuse the contents of the cipher\u201d at a meeting in his Bani Gala residence on March 28, 2022. It had added that Imran kept the cipher in his possession and never returned it to the foreign ministry.<\/p>\n The charge sheet had said that Qureshi \u201caided and abetted\u201d Imran and therefore was liable for the act in the same manner.<\/p>\n Meanwhile, Imran has expressed apprehension that \u201cthey will try to make another attempt on my life while I am in jail\u201d.<\/p>\n In a message posted on his X (formerly Twitter) account today, which was said to be shared with his family on Tuesday, the ex-premier said, \u201cSince I won\u2019t agree to leave my country, there is of course a danger they will try to make another attempt on my life while I am in jail.<\/p>\n \u201cSuch an attempt could also be through slow poisoning,\u201d he stated.<\/p>\n
\nadvanced for quashment of FIR on his behalf are accepted, FIR cannot be quashed in as much as there are other co-accused and there cannot be a partial quashing of FIR,\u201d the verdict said referring to the fact that the FIR had named multiple people named.<\/p>\n
\nfurther strict action, as there was no conspiracy of any kind\u201d.<\/p>\n
\naddressed the public gathering, was not doing so pursuant to the performance of his duties as prime minister, rather it was a political engagement\u201d.<\/p>\nImran fears \u2018another attempt\u2019 on his life<\/h2>\n