The Islamabad High Court (IHC) has reserved its judgment on the Federal Investigation Agency's (FIA) application for an in-camera hearing in PTI Chairman Imran Khan’s bail application in the cipher case.
IHC Chief Justice Aamir Farooq heard the FIA's request for in-camera proceedings on the PTI chairman's bail plea.
During the hearing, FIA prosecutor Shah Khawar appeared before the court and adopted the stance that under the Official Secrets Act, a trial cannot be held in an open court. Imran Khan's lawyer, Barrister Salman Safdar, opposed the miscellaneous application of the FIA.
Barrister Salman Safdar said a request for in-camera proceedings can only be filed before the trial court itself, adding that if there is something sensitive, it can be conducted in-chamber.
Prosecutor Shah Khawar remarked that a cipher is a classified document and is kept discreet at all costs.
An embassy sends a coded cipher to the foreign ministry. After it is decoded, a copy is sent to the president, prime minister, the army chief and ISI, but after they are returned to the Foreign Office, they are discarded. Only the original cipher remains in the Foreign Ministry.
Also Read: Cipher case: Imran Khan, Shah Mahmood declared guilty
During the hearing, the chief justice remarked that it has to be decided whether the hearing will be held in-camera or in an open court.
A date for the rehearing of the case will be announced. At this, Barrister Safdar requested for keeping it within two days.
The chief justice said the office concerned will schedule the case for hearing. Later, the decision on the request for in-camera hearing was reserved.
Court seeks Imran, Qureshi's presence on Oct 4
Meanwhile, judge Abul Hasnat Zulqernain of the special court of the Official Secrets Act has issued a notice to the Adiala Jail superintendent to produce PTI Chairman Imran Khan and Vice President Shah Mahmood Qureshi in court on October 4.
The judge said after the witnesses’ statements are enough to issue notices to the suspects, adding both the suspects are imprisoned in Adiala Jail.
PTI lawyer Khalid Yousuf appeared in court and requested for the case record to prepare for the cipher case.
On September 30, the Federal Investigation Agency (FIA) had declared PTI Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi guilty in the cipher case. This was revealed in an investigation report the FIA submitted to the special Official Secrets Act court in Islamabad.
The report also sought that Imran Khan and Shah Mahmood be tried and sentenced. The FIA also submitted a list of 28 witnesses to the court along with the investigation report. The statements of 27 witnesses, including Additional Foreign Secretary Faisal Niaz Tirmizi, were also enclosed with the report.
The report also includes the statement of Imran Khan’s former principal secretary Azam Khan, given under sections 161 and 167 of the CrPC.
