SC dismisses appeals seeking probe into cipher

ISLAMABAD: The Supreme Court on Wednesday dismissed all three identical appeals filed against the registrar’s office objections to constitutional petitions, seeking the formation of a high-powered commission to probe the alleged foreign conspiracy to topple the PTI government.

Justice Qazi Faez Isa, the senior judge of the Supreme Court, heard the appeals in chambers filed by petitioners advocates Zulfiqar Bhatta, Syed Tariq Badr, and Naeemul Hassan.

The court dismissed all three appeals and upheld the objections of the registrar’s office to the petitions. The court held that the judiciary cannot interfere in the affairs of the executive.

During the hearing, Justice Qazi Faez Isa asked the petitioner, Zulfiqar Ahmed Bhutta, how his petition is competent under Article 184(3) of the Constitution.

Bhutta replied that the matter is very sensitive because the leader had accused a country of conspiring against his government which may provoke the young people against foreigners in Pakistan, and anybody could take some action.

He further submitted that the matter was very important and it was the duty of the authorities concerned to take steps for bringing the truth to record in this regard.

Justice Isa then asked what fundamental rights pertain to this matter.

Bhutta submitted that Article 9 relates to the security of persons, Article 4 relates to the enforcement of the law, and Article 5 relates to the security of Pakistan.

Justice Isa said that “if the government wants, it can make ciphers from all over the world ciphers.”

The judge said that if anyone else does this, he will be guilty of violating the Secret Act, adding that the judiciary cannot interfere in the affairs of the executive.

“Is it the job of the court to deal with foreign affairs?” Justice Isa questioned and further asked, “Who was the prime minister when the cipher was received?”

At this point, GM Chaudhry, counsel for another petitioner, Tariq Badar, told the court that at that time Imran Khan was the prime minister, adding that the PTI chief had also “waved the cipher” during a rally.

Justice Isa then asked if Imran Khan, as a then-prime minister, had taken any decision to investigate the matter, as he had all the powers to conduct an investigation.

“If all the authorities are under the prime minister, then what should the court do in the case of this cipher?” he further questioned.

The apex court judge also noted that he will have to read the cipher to conduct an inquiry.

The petitioner’s counsel submitted that the cipher’s investigation is a matter of fundamental rights.

However, Justice Isa said that there is no issue of fundamental rights in this case and questioned, “What was the effect of the cipher on our daily lives?”

After hearing from the petitioners, the court dismissed all three appeals and upheld the objections of the registrar’s office.