SC refuses to step into cipher affair

Justice Isa says judiciary cannot interfere in the affairs of the executive

ISLAMABAD:

The Supreme Court on Wednesday turned down all three appeals seeking an inquiry into the cipher associated with the alleged foreign conspiracy that Pakistan Tehreek-e-Insaf (PTI) claims was behind Imran Khan's ouster from office last year.

Justice Qazi Faez Isa issued the ruling after an in-chamber hearing on pleas filed by Advocate Zulfiqar Ahmed Bhutta, Syed Tariq Badar and Advocate Naeemul Hasan last year.

The petitions had sought the constitution of a “high-powered commission” to launch an inquiry int the alleged “foreign conspiracy”. The pleas named the Federation of Pakistan through the law and justice secretary, the prime minister, and the cabinet secretary as respondents in the case.

Justice Qazi Faez Isa remarked that "if the government wants, it can make ciphers from all over the world public".

He stated that "if anyone else does this, he will be guilty of violating the Secret Act", adding that the judiciary cannot "interfere in the affairs of the executive".

“Is it the job of the court to deal with foreign affairs?” remarked Justice Isa and asked, “who was the prime minister when the cipher was received?”

To this, Advocate GM Chaudhry told the court that “at that time Imran Khan was the prime minister”, adding that the PTI chief had also “waved the cipher” during a rally.

Justice Isa then asked if Imran Khan as then-premier took any decision to investigate the matter as he had all the powers to conduct an investigation.

“All the authorities are under the prime minister. What should the court do in the case of this cipher,” he furthered.

The apex court judge also noted that he will have to read the cipher in order to conduct an inquiry.

The petitioner’s counsel stated that the cipher's investigation is a matter of fundamental rights.

However, Justice Isa said that there is no issue of fundamental rights in this case and questioned “what was the effect of the cipher on our daily lives?”

He maintained that “it is the job of the Election Commission of Pakistan [ECP] to conduct an investigation".

Previously, petitioner Naeem Ul Hassan through Azhar Siddique had filed a petition in the apex court, praying that "a high-powered commission of inquiry should be constituted to hold inquisitorial proceedings with regard to the anti-state activities conducted by the respondent political parties through mala fide and abuse of power under the provisions of the Constitution and for committing sedition and treason against the democratically and legally elected government".

The petitioner had said that Imran had taken various measures to restore normalcy in the affairs of the state but local political parties had been “aiding and assisting extremism in the country”.

However, the registrar had returned the petition on the grounds that the petitioner had not pointed out what questions of public interest were involved with reference to fundamental rights.