Special Court Judge Abual Hasnat Zulqarnain, who is hearing the cipher case, issued directives on Thursday that PTI Chairman Imran Khan and former foreign minister Shah Mahmood Qureshi be presented at the Federal Judicial Complex (FJC) in Islamabad on November 28.
The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.
The former premier and his aide Shah Mahmood Qureshi, who is also behind bars, were indicted in the case on Oct 23. Both have pleaded not guilty.
The trial was being held at Adiala Jail and four witnesses had already recorded their statements, with the fifth being cross-examined when an Islamabad High Court division bench had termed the government’s notification for jail trial “erroneous” and scrapped the entire proceedings.
It must be noted that on August 29, the IHC had suspended the PTI chief’s sentence in the Toshakhana case, but a special court established under the Official Secrets Act had directed jail authorities to keep Imran in “judicial lockup” in the cipher case.
A notification issued by the law ministry the same day had stated that the Law and Justice Division had “no objection” to Imran’s trial in the cipher case being held at Attock jail. In September, Imran was shifted to Adiala jail.
However, in its order on Nov 21, the IHC had said the jail trial “vitiated” the entire proceedings in the case. While declaring the proceedings void, the bench had said notifications issued for conducting the trial in jail were against the law and spoiled the proceedings, including Imran and Qureshi’s indictment and the testimonies of four witnesses.
As a result of the judgement, the Special Court would now start a fresh trial while the prosecution would have to file a fresh application to conduct the trial in jail.
Today, the case proceedings, stalled on Nov 14 following a stay order of the high court, resumed in open court at the FJC. Qureshi’s lawyers Ali Bukhari and Khalid Yousaf were in attendance.
At the outset of the proceedings, Judge Zulqarnain asked for a copy of the IHC order, which was provided by the court staff. He then ordered that Imran and Qureshi be brought to court on Nov 28, Tuesday.
He further stated that the trial would now begin from the position prior to August 29.
Earlier, sources privy to the prosecution told Dawn that Judge Zulqarnain now has four weeks to conclude the trial in the cipher case.
They said the trial would conclude within the 30-day deadline, as the court would require a week to frame charges and there would be sufficient time to record the testimony of witnesses and accused, in three weeks.
Cipher case
According to the first information report, the case has been registered against Imran and Qureshi under sections 5 and 9 of the Official Secrets Act, 1923, read with Section 34 of the Pakistan Penal Code (PPC).
They have been accused of wrongful communication/use of official secret information and illegal retention of a cipher telegram (an official secret document) with mala fide intention, whereas the roles of former SPM Muhammad Azam Khan, former federal minister Asad Umer, and other involved associates will be ascertained during the course of the investigations.
It said the ex-prime minister, former FM Qureshi and their other associates are involved in the communication of information contained in a secret classified document (cipher telegram received from Parep Washington dated March 7, 2022, to the Secretary, Ministry of Foreign Affairs) to the unauthorised persons (i.e. public at large) by twisting facts to achieve their ulterior motives and personal gains in a manner prejudicial to the interests of state security.
They held a clandestine meeting at Banigala on March 28, 2022, to conspiring to misuse the contents of the cipher in order to accomplish their nefarious designs.
The accused, Imran, with mala fide directed the former principal secretary, Azam Khan, to prepare the minutes of said clandestine meeting by manipulating the contents of the cipher message to use it for his vested interest at the cost of national safety.
Moreover, the numbered and accountable copy of the cipher telegram sent to PM Office was deliberately kept by the former PM, with mala fide intention, and was never returned to the Ministry of Foreign Affairs.
The said cipher telegram (official secret document classified as such) is still in the illegal possession/retention of the accused Imran, the FIR claimed.
