Imran’s failure to return cipher was crime: FIA

IHC question if worth of an accused’s statement reduces if made in absence of his lawyer

ISLAMABAD:

The Federal Investigation Agency (FIA) has contended that former prime minister Imran Khan's failure to return a copy of a diplomatic cipher to the Ministry of Foreign Affairs constitutes a crime.

On Thursday, FIA prosecutor Hamid Ali Shah resumed his arguments supporting the verdict of a special court, which on January 30 convicted Imran and former foreign minister Shah Mahmood Qureshi in the diplomatic cipher case.

Imran and Qureshi had challenged the special court’s decision in the Islamabad High Court (IHC), where a division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb is hearing the appeals of the PTI leaders.

Shah noted that according to the Security of Cipher Guidelines prepared by the Cabinet Division, failing to return classified documents is a crime.

"It has been acknowledged that the PTI founder had the cipher copy with him. Only one copy of the cipher in Imran Khan's possession had not been returned from the Prime Minister's House. The remaining eight copies were destroyed upon their return," the FIA's lawyer stated.

The FIA's lawyer pointed out that one of the prosecution witnesses, former principal secretary to the PM Azam Khan, gave a statement under oath to that effect. "Azam Khan’s statement should not be taken lightly," he added.

The court also asked how the cipher became an "accountable document".

Justice Miangul Hassan Aurangzeb questioned the lawyer, "Suppose we don’t have the Security of Cipher Guidelines and the cipher is not an accountable document. Will the omission to return the cipher copy still be a crime in that case?"

Chief Justice Farooq then posed a different question, "If the Prime Minister receives a document that needs to be returned, and if it is not returned, is it a crime?" The prosecutor responded affirmatively, stating, "Yes, absolutely, it would be a crime."

The chief justice further inquired, "Are all documents coming from abroad confidential? If a document is not accountable, then it's okay if it gets lost, right?" He noted the volume of daily correspondence in the Prime Minister's Office, suggesting that a few documents might inadvertently get misplaced.

The FIA prosecutor clarified that if a document is lost, a case will be filed.
In legal terms, an accountable document refers to any written record or piece of evidence that is considered to be reliable, trustworthy, and legally admissible.

These documents are subjected to strict procedures for creation, handling, storage, and authentication to ensure their integrity and accuracy.

Accountable documents include contracts, agreements, deeds, affidavits, court orders, official reports, financial records, and similar items used to establish facts, rights, obligations, or liabilities in a legal context.

Earlier, Shah read out Imran Khan's defense statement during the cipher case proceedings. The court inquired whether the statement was made in the absence of his lawyer.

"Does the absence of the lawyer affect the statements made under Section 342 of the Code of Criminal Procedure? Does the absence of the lawyer reduce the importance of the defendant's statement? Prepare on this point and assist the court in this regard," the bench instructed.

The court adjourned till May six after the FIA lawyer said he needed another four to five hours to conclude his arguments.