IHC invalidates cipher proceedings again

The capital’s high court on Thursday invalidated, for the second time, the proceedings of a special court holding a trial of former prime minister Imran Khan and former foreign minister Shah Mahmood Qureshi for allegedly misusing a diplomatic cipher at the tail end of the PTI’s rule. On December 14, the Special Court—formed last year to hear cases under the Official Secrets Act (OSA), 1923—imposed a strict ban on reporting cipher case proceedings in print, electronic, and digital media outlets.

The court directed the Pakistan Telecommunication Authority and the Pakistan Electronic Media Regulatory Authority to ensure no reporting on the proceedings takes place. While family members of the accused were allowed to attend, they were prohibited from publishing any evidence or statements made during the proceedings.

Read Key witnesses record statements in cypher case

The former ruling party approached the Islamabad High Court (IHC) against the order. A single-member bench of the IHC, comprising Justice Miangul Hassan Aurangzeb, set aside the special court’s December 14 order on Thursday. “All the proceedings conducted by the learned Judge, Special Court after the said order dated 14.12.2023, are declared to be of no legal consequence,” the order read.

The court noted that at the hearing on Thursday, Attorney-General for Pakistan (AGP) Mansoor Awan submitted that the December 14 order was not sustainable in law, as it does not comply with the law laid down by the Supreme Court in the Ghulam Muhammad vs State case. “He further submitted that he would have no objection if the said order is set aside and that the prosecution has no intention of filing an application for proceedings before the learned Special Court to be in camera,” it said.

The IHC noted that AGP Awan informed the court on December 28 that, after the December 14 order, the trial court had recorded testimonies of 13 prosecution witnesses (PWs). “He [AGP] also submitted that the proceedings conducted after the passing of the impugned order dated December 14 till December 21 were not open to the public.

Read  Imran moves IHC against cypher case in-camera trial

“However, after December 21, the examination-in-chief of twelve witnesses, ie, PW-14 to PW-25, were recorded in proceedings, which, according to the learned [AGP], were open to the public.” The order noted that four witnesses, PW-1, PW-2, PW-3, and PW-7, serving in the Ministry of Foreign Affairs, were custodians of transcripts or the master telegram of cipher or part of the cipher security system.

“The testimony of these four witnesses, according to the learned AGP, could be prejudicial to the safety of the state and therefore, their testimony had to be recorded in proceedings not open to the public. “He clarified that the testimony of the remaining witnesses, including the nine witnesses whose examination-in-chief was recorded in-camera, whereas the twelve witnesses whose examination-in-chief was recorded after December 21 would not cause any prejudice to the safety of the state,” it said.

In a boost for the PTI, the IHC on November 21 declared as null and void the proceedings of Imran Khan’s trial conducted in jail in the cipher case.
As a result, Imran and his aide Shah Mahmood Qureshi’s October 23 indictments in the case also became null and void. The IHC had then ordered the special court to conduct the trial in open court.