Cipher case: IHC wants to know what original info was, how it was twisted

ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) founder’s counsel told the Islamabad High Court (IHC) on Monday that the prosecution has made allegations regarding illegally keeping the cipher telegram, making the secret document’s information public and twisting it for personal gains, but the cipher was not shown even to the trial court judge.

IHC Chief Justice Aamer Farooq and Justice Mian Gul Hasan Aurangzeb were hearing the appeals against the conviction of PTI founder and Shah Mehmood Qureshi in the cipher case.

Chief Justice Farooq remarked that if the information had been twisted, it should be known what the information was. The counsel read out the text of Qureshi’s speech. Justice Aurangzeb remarked that it is a political speech.

Barrister Salman Safdar argued that PTI founder was accused of possessing the cipher and using it for personal gains, but in this case, the elements of the armed forces, restricted area and external powers are missing under the Official Secrets Act.

Justice Aurangzeb asked what is written in the cipher. The counsel replied that he has not seen the cipher, so he cannot tell what is written in the cipher.

He said that the code of the cipher, the document or its text has not been communicated anywhere. He added that on the one hand the prosecution claimed that PTI founder made everything public, while on the other, they say that if the cipher is shown, it will become public.

The court asked what was sent by a person from Washington. The court stressed that the person would have at least mentioned what it is that can affect the security system if it ends up in India’s hands. The court observed that there is nothing to be kept secret in what the counsel has said.

The chief justice said that if the information was twisted, it should be known what the original information was and how it was twisted. The Federal Investigation Agency’s (FIA) Special Prosecutor Hamid Ali Shah said the cipher that was sent was classified.

Chief Justice Farooq said that a person was punished, so it should at least be known what the communication was. Barrister Safdar said Qureshi was accused of not only abetment but also conspiracy and incitement. Barrister Safdar said Qureshi was sentenced to 10 years in prison for four lines of his speech. Justice Aurangzeb observed that this was a political speech.

Barrister Safdar said that the trial court did not give seven days’ time to distribute the challan’s copies for indictment, and that statements of 25 witnesses were recorded in 17 days.

He said that four witnesses were cross-examined by lawyers, and that the remaining 21 witnesses were cross-examined by official lawyers appointed by the court in two days.

The FIA’s Prosecutor Shah said the prosecution is waiting for an order regarding the maintainability of the appeals. The chief justice said the court would pass the order on the appeals’ maintainability as well as merit, then adjourned the hearing until Tuesday. PTI founder’s lawyer will continue his arguments.