{"id":38476,"date":"2023-12-22T10:50:32","date_gmt":"2023-12-22T10:50:32","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/sc-approves-imran-qureshis-bail-in-cipher-case\/"},"modified":"2023-12-22T10:50:32","modified_gmt":"2023-12-22T10:50:32","slug":"sc-approves-imran-qureshis-bail-in-cipher-case","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/sc-approves-imran-qureshis-bail-in-cipher-case\/","title":{"rendered":"SC approves Imran, Qureshi\u2019s bail in cipher case"},"content":{"rendered":"

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The Supreme Court on Friday approved the post-arrest bail of former prime minister Imran Khan and ex-foreign minister Shah Mahmood Qureshi, both of whom are incarcerated at Adiala Jail, in the cipher case.<\/p>\n

It directed the PTI leaders to submit surety bonds worth Rs1 million each.<\/p>\n

The order was issued by a three-member bench headed by Justice Sardar Tariq Masood and comprising Justices Athar Minallah and Syed Mansoor Ali Shah on a set of PTI petitions.<\/p>\n

The cipher case pertains to a diplomatic document that the Federal Investigation Agency\u2019s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.<\/p>\n

The Special Court (Official Secrets Act) had begun the cipher trial afresh last week at the Adiala district jail after Imran and former foreign minister Shah Mehmood Qureshi were indicted for a second time in the case on Dec 13.<\/p>\n

The former premier and his aide Qureshi, who is also behind bars, were first indicted in the case on Oct 23. Both had pleaded not guilty. The trial was being held at Adiala Jail and four witnesses had alre\u00ada\u00addy recorded their statements when the IHC termed the government\u2019s notification for a jail trial \u201cerroneous\u201d and scrap\u00adped the entire proceedings.<\/p>\n

The IHC had endorsed Imran\u2019s indictment, disposing of his plea against the same, but had also instructed the special court judge to ensure a \u201cfair trial\u201d.<\/p>\n

Last month, the PTI had moved the apex court seeking Imran\u2019s post-arrest bail in the case. The petition pleaded that it was an unequivocal and well-established principle of the Supreme Court that bail should never be wielded as a form of punishment.<\/p>\n

Previously, the SC had issued notices to the FIA and federation on the plea and directed them to submit their responses to it.<\/p>\n

The hearing<\/h2>\n

At the outset of the hearing today, the court issued notices to the FIA and government on Qureshi\u2019s bail plea at the insistence of the PTI vice chairman\u2019s lawyer.<\/p>\n

Presenting his arguments, Imran\u2019s counsel Salman Safar contended that the special court had recorded statements of 13 witnesses \u201cin haste\u201d, to which Justice Masood said a speedy trial was the right of the accused.<\/p>\n

\u201cWhy do you want the trial to not be completed?\u201d the judge asked.<\/p>\n

Barrister Safdar said that the IHC was set to issue an order on in-camera proceedings in the cipher case and requested that the PTI petition challenging indictment in the case be heard at another time. However, Justice Masood remarked that the fresh indictment would be not impacted.<\/p>\n

PTI lawyer Hamid Khan insisted that the charge sheet in the new indictment was the same but the judge that the petition against the old chargesheet had become ineffective now. Justice Masood directed the counsel to approach the high court for the same.<\/p>\n

Subsequently, the court postponed the hearing on the petition against the indictment and began hearing arguments on the bail pleas.<\/p>\n

Sadar contended that the interior ministry\u2019s secretary was the complainant in the cipher case. He recalled that the Lahore High Court had placed a seven-month stay on summons in the case.<\/p>\n

\u201cFor seven months the FIA was silent but arrested Imran immediately after the suspension of the sentence in the Toshakhana case,\u201d the lawyer highlighted, adding that 40 attempts were made to arrest Imran in Islamabad.<\/p>\n

\u201cAnd all the other cases registered against Imran are separate,\u201d he said.<\/p>\n

For his part, the deputy attorney general said the FIA had initiated an investigation in the cipher case on orders of the government after the audio leak<\/a>, in which Imran could purportedly be heard talking about the cipher.<\/p>\n

Elaborating on the charges, Safdar said it was alleged that a conspiracy to misuse the cipher was hatched during a PTI meeting at Imran\u2019s Bani Gala residence on March 28, 2022. \u201cThe FIR also accused Imran of never returning a copy of the cipher,\u201d he said.<\/p>\n

The lawyer added that another charge in the case was putting the entire security of the cipher system at risk. \u201cThe role of Asad Umar and Azam Khan was to be decided during the inquiry. Four suspects were mentioned in the FIR but the trial was only held of two,\u201d he argued.<\/p>\n

Azam Khan, the principal secretary to Imran during the PTI tenure, was accused of miscommunicating the contents of the cipher and the minutes of the meeting, Safar added. He contended that despite being nominated in the case, neither Asad Umar nor Azam Khan was arrested.<\/p>\n

Here, Justice Minallah asked how the FIA found out that a meeting was held at Bani Gala. \u201cThis can be told only by the agency,\u201d the PTI counsel replied, claiming that his client was being \u201cpolitically victimised\u201d.<\/p>\n

He further stated that PML-N leader Rana Sanaullah, as interior minister at the time, had instructed the FIA to investigate the matter. \u201cThe domain of the Official Secrets Act was broadened and the former premier was charged under it,\u201d Safar said.<\/p>\n

He argued that the aforementioned law was pertaining to the armed forces and national defence. \u201cA cipher case was registered for the first time in the history of the country. In the past, the law was used to punish ex-military officers for leaking sensitive information to enemy countries,\u201d the lawyer said.<\/p>\n

Here, Justice Minallah noted that the cipher was sent in codes. \u201cThe foreign ministry never gives the coded cipher to the prime minister,\u201d he remarked, explaining that the ministry provided the cipher\u2019s translation or briefing to the PM.<\/p>\n

At one point, Justice Shah asked: \u201cWhat does the prosecution say? Who was the cipher shared with?\u201d<\/p>\n

Here, Safdar said the cipher was never shared with anyone. \u201cThe cipher was sent to the SC only after declassification,\u201d he maintained, adding that the codes of the secret document were never available with the former premier.<\/p>\n

\u201cThe foreign ministry updates the premier on cipher for assistance in the formation of foreign policies,\u201d Justice Minallah said. Meanwhile, Justice Shah said the purpose of the Official Secrets Act was to prevent secret information from being leaked.<\/p>\n

\u201cDiplomatic information is also sensitive but its nature is different,\u201d Justice Shah added.<\/p>\n

For his part, the PTI counsel said Pakistan\u2019s former ambassador to the United States Asad Majeed Khan had sent the cipher as a very sensitive document.<\/p>\n

\u201cYou agree that sensitive matters cannot be shared,\u201d Justice Shah noted here to which Safar said it had to be decided if sensitive information was even shared in the first place.<\/p>\n

The lawyer further contended that the sections of death sentence and life imprisonment could not be charged on Imran.<\/p>\n

At that, Justice Masood remarked that although the cipher was not shared it was televised.<\/p>\n

The PTI counsel said Azam Khan has received the cipher as principal secretary from the foreign ministry. He highlighted that case alleged that contents of the cipher were shared during a PTI meeting on March 28 but the challan claims that the document was waved during a party rally on March 27.<\/p>\n

\u201cThe real cipher is at the Foreign Office and if that has gone out then it is the foreign ministry\u2019s fault,\u201d Justice Minallah noted, adding that the cipher could not be discussed in public.<\/p>\n

Meanwhile, Safar recalled that Qureshi had said in a speech that he informed the premier about the \u201cconspiracy as I am bound by the oath\u201d. \u201cQureshi has been in jail for 125 days just because of this statement,\u201d the lawyer said.<\/p>\n

He further contended that during the March 27 rally, Imran had only mentioned the cipher but never revealed its contents. \u201cOn one hand they say the cipher was made public and on the other, they say in-camera trial be held,\u201d the PTI lawyer lamented.<\/p>\n

Here, Justice Minallah asked: \u201cElections are coming and the PTI founder is a big political leader. How will keeping him in jail endanger the society?\u201d<\/p>\n

On the other hand, Safdar claimed that Azam Khan\u2019s statement on the cipher \u2014 wherein it was claimed that the narrative behind the cipher was fabricated \u2014 was forced. He further recalled that Azam\u2019s family had alleged that he was abducted prior to the alleged confession, which had surfaced on social media on July 19.<\/p>\n

\u201cDid the investigation officer look into this?\u201d Justice Minallah asked. He also noted that Azam Khan\u2019s statement mentioned that the former premier did not have the cipher.<\/p>\n

At one point, Justice Masood asked if the foreign secretary was the suspect or the witness. \u201cThe then foreign secretary is a witness,\u201d the deputy attorney general replied.<\/p>\n

Safdar contended that the foreign ministry had not sought the cipher copy from Imran for 17 months. He also read out loud in court the text of Imran\u2019s speech on March 27 last year. However, the court instructed him to restrict the arguments to the plea.<\/p>\n

\u201cCiphers are sent across the world but they are never mentioned in public,\u201d Justice Minallah said. Justice Masood remarked that Qureshi was \u201csmart\u201d as he didn\u2019t mention the cipher himself and instead gave it to Imran.<\/p>\n

Subsequently, Qureshi\u2019s counsel Ali Bukhari presented his arguments. He contended that Qureshi was kept in physical remand for 10 days but nothing was found.<\/p>\n

Here, Justice Minallah asked if the PTI vice chairman was participating in the upcoming polls to which his lawyer said Qureshi would submit his nomination papers today. \u201cHe wants bail so that he can contest for elections,\u201d Bukhari argued.<\/p>\n

Later, FIA prosecutor Rizwan Abbasi came to the rostrum. Justice Minallah asked how the cipher was made public being with the foreign ministry.<\/p>\n

The prosecutor said there were rules to handle sensitive documents. \u201cWhere is the rule book?\u201d Justice Minallah asked, to which Abbasi said they were private and hence might not be available in the SC library.<\/p>\n

\u201cHow can rules be private,\u201d the judge said. In response, the FIA prosecutor said some instructions were only provided to the government.<\/p>\n

Justice Minallah also noted that the way the trial was being conducted showed that the prosecution was violating the rules. \u201cA decoded message is not the cipher,\u201d he emphasised, adding that a cipher literally meant a coded document.<\/p>\n

\u201cDid the foreign secretary tell the PM that this document cannot be made public?\u201d Justice Minallah further asked. \u201cHe did mention it in the meeting,\u201d Rizwan responded.<\/p>\n

\u201cWhy didn\u2019t the secretary provide this information in a written document,\u201d the judge asked.<\/p>\n

Here, Justice Shah inquired about the law linked to the cipher. \u201cWhat is written in the investigation report about returning the cipher? When can it be returned? Neither the prosecution is understanding [things] nor the investigation \u2026 what came forth in the inquiry?\u201d he asked.<\/p>\n

Justice Shah also asked how foreign powers benefitted in the entire matter, noting that none of the statements recorded by the witnesses showed the same.<\/p>\n

Justice Minallah asked if the government wanted the conditions of 1970 and 1977 and inquired if instruction had been given by the caretakers on opposing the bail.<\/p>\n

\u201cWhy does this happen with political leaders every time,\u201d Justice Minallah wondered, adding that currently, the rights of the public were in question not the former premier. \u201cThis court is the protector of fundamental rights. The former prime minister\u2019s crime is not proven, he is innocent,\u201d the judge added.<\/p>\n

At one point, Justice Masood expressed surprise at the IHC verdict in the cipher case and noted that a death sentence was not applicable in the current case. He also asked why Shehbaz Sharif had not mentioned that the cipher was missing during the National Security Council meeting.<\/p>\n\n

More to follow<\/em><\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"

The Supreme Court on Friday approved the post-arrest bail of former prime minister Imran Khan and ex-foreign minister Shah Mahmood Qureshi, both of whom are incarcerated at Adiala Jail, in the cipher case. It directed the PTI leaders to submit surety bonds worth Rs1 million each. The order was issued by a three-member bench headed […]<\/p>\n","protected":false},"author":2,"featured_media":38477,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"fifu_image_url":"https:\/\/i.dawn.com\/large\/2023\/12\/22133244711d6b8.jpg?r=133321","fifu_image_alt":"","footnotes":""},"categories":[10],"tags":[],"class_list":["post-38476","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pakistan"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/38476","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/comments?post=38476"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/38476\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/38477"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=38476"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=38476"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=38476"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}