FIA opposes right to appeal in cypher conviction

IHC seeks arguments on appeal against cypher case convictions

ISLAMABAD:

 

The Islamabad High Court (IHC) on Monday ordered detailed arguments on the Federal Investigation Agency’s (FIA) contention that the appeals against the conviction of Pakistan Tehreek-e-Insaf founder Imran Khan and senior leader Shah Mahmood Qureshi in the cypher case were inadmissible.

A two-member division bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hasan Aurangzeb, asked the FIA prosecutor to inform the court how the appeals were not admissible and sought counterarguments from the lawyers for the appellants.

During a hearing of the appeals, FIA Special Prosecutor Hamid Ali Shah raised the objection that the appeal was not filed under the Official Secrets Act, as the law granted no such right to appeal. He added that the Criminal Procedure Code (CrPC) was also silent in this regard.

Secondly, the prosecutor continued, the two-member bench could not hear the appeal. However, Barrister Salman Safdar, the lawyer for the PTI founder, told the court that the same objection was raised on the bail application, but then the court had decided that it could hear the matter.

Read Imran, Qureshi sentenced to 10-year imprisonment in cypher case

The court remarked that even if the objection was sustained, the proceedings would not end, but the appeal’s status would change.

The chief justice remarked that no one could be left without compensation. Justice Aurangzeb said that the court would first decide the main objection.

The chief justice further remarked that the question raised by the prosecution had to be seen, as there were many issues in this case about the first impression. He sought detailed arguments and adjourned the hearing until March 13.

Separately, the District and Sessions Judge of Islamabad, Shahrukh Arjumand, sought arguments on March 20 on a separate application for suspending the punishment of Bushra Bibi in the Iddat Nikah case. During a hearing, Bib’s first husband, Khawar Manika, sought grant of time to engage a lawyer.