Cipher case hearing to be held in open court: IHC

ISLAMABAD: The Islamabad High Court (IHC) Wednesday ruled that the hearing of PTI chief Imran Khan’s bail plea in the cipher case will take place in an open court.

The court announced its verdict that was reserved earlier this week on the FIA’s plea seeking in-camera hearing of the bail application.

In its verdict, the high court said open court hearing of the bail petition will be held on October 9. However, it said arguments by the lawyers on documents regarded as sensitive would be heard in-camera.

The FIA appealed to the IHC on Monday for an in-camera hearing, as it feared that the open court hearing might harm Pakistan’s diplomatic ties with other states.

Shah Khawar, FIA’s Special Prosecutor, had told the court that under the Official Secrets Act, a trial could not be made public, adding that they would move a similar plea to the trial court.

“There are some statements and information that cannot be made public,” said the lawyer adding that they also had to place statements related to other countries before the court.

“Sharing such information in an open court can affect Pakistan’s diplomatic ties with other countries,” said Khawar.

The PTI chief’s lawyer, Salman Safdar, had opposed the FIA’s plea for an in-camera hearing.

Last month, the PTI chief moved the IHC seeking post-arrest bail in the cipher case.

The special court — established under the Official Secrets Act and hearing the case registered against the PTI chief and his party’s Vice Chairman Shah Mahmood Qureshi — had rejected the post-arrest bail applications of Khan and the senior politician.

Both the leaders are currently on judicial remand till October 10 in the cipher case.

The FIA booked them under the Official Secrets Act for allegedly misplacing and misusing the classified document for vested political interests in August this year.

Subsequently, both leaders were arrested in connection with the investigation into the case and a special court was established under the Official Secrets Act to try the accused.

Earlier, the Special Court adjourned the hearing in the cipher case till October 9 without proceedings.

Judge Abual Hasnat Zulqarnain presided over the proceedings in the Adiala Jail in line with a notification of the Ministry of Law.

The Federal Investigation Agency (FIA) team and special prosecutor appeared before the court.

The PTI lawyers objected to the trial in the Adiala Jail and urged the court to adjourn the hearing until the Islamabad High Court’s (IHC) decision on the in-camera trial of their clients.

A 12-member PTI lawyers team, including Barrister Salman Safdar, Sardar Latif Khosa, Raja Yasir, Naeem Haider Panjutha, Barrister Umair Khan Niazi, Chaudhry Khalid Yusuf, Niazullah Khan Niazi, Rai Muhammad Ali and others, was allowed to attend the hearing.

The PTI legal team also refused to receive a copy of the FIA challan (charge sheet), submitted to the court last week.

Imran was also produced in the courtroom. Both the PTI leaders are on judicial remand till October 10.

A large contingent of police was deployed outside the jail.

The FIA, in its challan, stated that the former prime minister and vice-chairman were found guilty and requested the court to conduct their trial and sentence them in the case.

The FIR was registered on August 15 under the Official Secrets Act on the complaint of home secretary.

Imran Khan and former foreign minister Shah Mahmood Qureshi were nominated in the report, while names of former principal secretary Azam Khan and former planning minister Asad Umar were also mentioned.

According to the report, action will also be taken against Azam Khan and Asad Umar after the authorities reached the conclusion that they were also involved in misusing the classified documents.

The FIR stated that the former prime minister and foreign minister distorted the facts of the diplomatic cipher.

“A conspiracy was launched to misuse the contents of the cipher to fulfill nefarious purposes,” it added. It further stated that the former premier and top diplomat endangered the state interests.