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ISLAMABAD: The Islamabad High Court (IHC) on Monday asked both sides to come up with arguments on appeals filed by former prime minister Imran Khan and ex-foreign minister Shah Mehmood Qureshi against their conviction in the cipher case.
On the other hand, the Federal Investigation Agency (FIA) insisted the law did not grant a right of appeal against conviction under the Official Secrets Act.
An IHC division bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, resumed hearing on the appeals of Mr Khan and Qureshi.
Justice Farooq asked the FIA’s special prosecutor to explain why the appeals were not maintainable, adding it was amazing that the law did not provide a right to appeal in such cases.
Hamid Ali Shah, the special prosecutor, pointed out that since the original law, promulgated in 1923, did not provide the right of appeal, the Pakistan Criminal Law (Amendment) Act and the Code of Criminal Procedure were invoked to conduct the trial.
A provision of the Secrets Act (section 10) allowed an appeal to the extent of trial proceedings, but not against conviction, Mr Shah added.
In reply to a query by Justice Farooq whether there was no provision of filing an appeal under the Criminal Procedure Code (CrPC), the prosecutor replied that the law was silent on the matter.
Hamid Ali Shah further contended that the two-member division bench cannot hear an appeal against conviction under the Special Secrets Act.
On the other hand, Imran Khan’s counsel Barrister Salman Safdar argued that CrPC was applicable in this case.
Barrister Syed Ali Zafar argued that if the law did not provide any remedy, the convict could challenge the sentence under the writ jurisdiction.
The bench agreed that the law could not be without any remedial measure.
Further hearing was adjourned to Wednesday (tomorrow).
Toshakhana conviction
The same bench took up the appeals of Mr Khan and Bushra Bibi against their conviction in the Toshakhana reference.
As the prosecution informed the bench that the lead prosecutor had gone to Saudi Arabia to perform Umra.
The hearing in this case was also adjourned to Wednesday.
Meanwhile, the District and Sessions Judge issued notices on the applications of Imran Khan and Bushra Bibi seeking suspension of conviction in the Iddat case.
Advocate Usman Gill argued that appeals had already been admitted and the court had powers to suspend the sentence till final adjudication of the matter.
He alleged that the PTI chief was living in a miserable condition in jail as part of “political victimisation”.
He further argued the evidence produced by the prosecution was weak and contradictory.
Published in Dawn, March 12th, 2024
