IHC raises questions about cipher text

The bench pointed out that the text of the document was not on record


Fiaz Mahmood March 26, 2024
Former prime minister Imran Khan publicly displaying the purported US cypher during a public gathering. SCREENGRAB

ISLAMABAD:

A divisional bench of the Islamabad High Court (IHC) on Monday expressed bewilderment as it noted that the cipher document was neither shown to the trial judge nor to the prosecution, yet it was stated that the enemy of the country benefited from its misuse.

The bench, comprising IHC Chief Justice Aamer Farooq and Justice Miangul Hasan Aurangzeb, heard the appeal against conviction of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and senior leader Shah Mahmood Qureshi in the cipher case.

The Federal Investigation Agency (FIA) told the bench that the cipher was received in coded form through email that would have been saved in the Foreign Office. However, Chief Justice Farooq remarked that the reply should be specific as the court could not rely on conjectures.

The bench pointed out that the text of the document was not on record and no one knew what the cipher text was yet it was stated that the enemy had benefited from its misuse. The bench asked whether Imran had any access to cipher code, the FIA prosecutor replied in the negative.

The bench asked the advocate general about the court’s order about the CVs of the state-appointed defence counsel. It admonished the advocate general to take court’s order seriously. Later, further hearing of the appeals was adjourned until Tuesday (today).

Separately, Additional District and Sessions Judge of Islamabad Tahir Abbas Sipra heard the bail applications of the PTI founder in six cases and of his wife, Bushra Bibi in one case.

The court directed that the appellants should be presented in the court through video link on April 4.

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