Qureshi urges special court to summon president in cypher trial

More than 50 journalists not allowed, only three present at the hearing: PTI counsel

RAWALPINDI:

A special court formed to try cases under the Official Secrets Act on Saturday turned down PTI leader and former foreign minister Shah Mahmood Qureshi’s request to summon President Dr Arif Alvi to testify in the cipher case.

As the special court, presided by Judge Abual Hasnat Zulqarnain, resumed hearing the cipher case within the premises of Adiala jail, Qureshi told the judge that the president had not given his assent to the amendments made to the Secrets Act.

The judge told Qureshi that there was president no need to summon the president as the cipher case would be heard under Sections 5 and 9 of the Official Secrets Act, 1923 and the amendments made to the law would not apply to him or former PTI chairman Imran Khan.

He added that the proceedings of the case would be carried out on merit.

The hearing was later adjourned till December 4.

On March 27, 2022, ahead of a vote of no-confidence in the National Assembly that resulted in his ouster, then premier Imran had pulled out a piece of paper – allegedly the classified cipher – from his pocket and waved it at a public gathering in Islamabad, claiming it was evidence of an “international conspiracy” being hatched to topple his government.

The Federal Investigation Agency (FIA) booked and arrested Imran and former foreign minister for “wrongful use” of official secret information and illegal retention of the cipher telegram with malafide intention.

At the start of the hearing, the prosecutors asked the judge that the accused should be provided with the copies of the challan sheet. In response, the judge replied that he had received the Islamabad High Court’s order and the copies of the charge sheet would be handed over to both the accused on the next date of hearing.

The judge observed that Qureshi and Imran’s trials could not be held separately as the case was “interlinked”.

He added that the former foreign minister had not been presented in an Islamabad court despite the submission of his production order because of security concerns.

Imran informed the court that as the prime minister, he had ordered an inquiry into the issue of the cipher.
“The people involved in this case are quite powerful and efforts are being made to save them,” he claimed, adding that he feared nobody but the Almighty.

Imran also claimed that they were being 'caged like goats' while PML-N supremo Nawaz Sharif was treated differently.

While the PTI lawyers were raising objections over the presence of the ‘unidentified people’ in the court, the judge asked them to maintain silence.

They also objected to the lack of media personnel in the courtroom as per the IHC’s order.

Read Open court trial in cipher case begins today

Ex-PTI chief Imran Khan’s wife Bushra Bibi and his sisters as well as Qureshi’s daughter Mehr Bano and son Zain attended the hearing.

On an objection raised by Imran, the judge remarked that all media outlets, lawyers and general public would be allowed to listen and cover the next hearing of the case as per the order of the IHC.

Speaking to the media after the proceedings, Imran’s lawyer, Umair Niazi, claimed that his client had twice requested the boycott of the trial, protesting that it was not being conducted fairly.

He added that only three media personnel were allowed to attend the proceedings while 50 others were denied permission.

Intizar Hussain Panjotha, another lawyer representing Imran, told the media that Saturday’s proceedings could not in any way be termed an open trial. He termed the proceedings a violation of the orders of the IHC.

He alleged that the civilians present during the trial were “planted”.

The lawyer said Imran’s legal team had asked the court to at least allow the foreign media to witness the proceedings.

At the previous hearing, the special court ordered that whoever wished to attend the hearing, including journalists, would not be stopped.