IHC concerned at handling of classified paper in cipher case

ISLAMABAD: Chief Justice Amir Farooq of the Islamabad High Court, with regard to the cipher case, on Tuesday passed remarks about the delivery of a classified document to the prime minister. He stressed on the importance of its handling, highlighting concern over its return and subsequent disappearance and stressing on the need for scrutiny.

Justice Mian Gul Hassan Aurangzeb raised doubts over the classification of the document, questioning its portrayal in a political rally as cipher. The chief justice pointed out that if the document reached Azam Khan, it likely reached the prime minister as well, noting the absence of any claim by the PTI founder that he did not receive it. He observed that decisions regarding the document’s handling should have been made in consultation with the Prime Minister’s Office.

A bench comprising Chief Justice Aamer Farooq and Justice Mian Gul Hassan Aurangzeb was hearing an appeal filed by the PTI founder and Shah Mehmood Qureshi against their conviction in the cipher case on Tuesday.

FIA prosecutor Hamid Ali Shah argued that the PTI founder had failed to return the cipher copy to the Ministry of Foreign Affairs and retained it, disregarding directives for its return. He said witness Azam Khan had testified that the PTI founder, upon reading the cipher copy, expressed excitement and retained it for further perusal. However, when asked to return it, he claimed it was lost, prompting efforts to locate it.

Justice Mian Gul Hassan Aurangzeb highlighted the reliance on Azam Khan’s statement as the sole evidence of the document’s transmission to the prime minister, while the PTI founder’s lawyer contested its credibility.

The FIA prosecutor referred to the PTI founder’s speech at a March 27 meeting, prompting skepticism from the chief justice regarding its evidential value. The chief justice stressed the need for stringent scrutiny of the case under criminal law, cautioning against blindly accepting political statements as evidence.

Regarding the kidnapping case of witness Azam Khan, the chief justice sought clarification on its status, urging submission of details signed by the advocate general, if the case remains pending.

Justice Mian Gul Hassan Aurangzeb reiterated the confidentiality of information transmitted through ciphers, comparing it to sensitive data in a wartime scenario, underscoring the prime minister’s responsibility as the people’s representative. FIA prosecutor Hamid Ali Shah’s arguments will continue in the next hearing scheduled for May 2.