ISLAMABAD: A lawyer representing former prime minister Imran Khan on Thursday raised concerns over the handling of the cipher case, alleging that the foreign ministry was seemingly unbothered by the document’s disappearance, despite being its custodian, and that the interior ministry had “hijacked the case for no reason”.

Presenting arguments before a division bench of the Islamabad High Court (IHC), comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, Barrister Salman Safdar sought the suspension of Imran Khan and Shah Mehmood Qureshi’s sentences in the cipher case.

However, the bench declined the request, opting instead for a swift decision on their appeals.

Mr Khan is accused of misusing the cipher — a confidential diplomatic communication — for political gain and endangering national security by disclosing and misplacing it. Mr Safdar contended that the cipher still exists in Foreign Office records, and its transcribed version has been shared with eight individuals.

Mr Safdar said the Foreign Office sent a copy of the cipher to Azam Khan, the principal secretary to the then-prime minister, Imran Khan. Mr Azam alleged he handed over a copy to Mr Khan, who failed to return it. The counsel said this might be negligence, not a crime, adding that Mr Khan could not be convicted for mere negligence.

He said that when the cipher went missing, the Ministry of Foreign Affairs did not show any concern, nor did it issue any letter to the Prime Minister’s Office.

He said that when the PMO informed the foreign ministry that their copy of the cipher was missing, the foreign secretary replied that a copy of this confidential document could not be issued and advised the PMO staff to try to find the cipher.

Mr Safdar also pointed out that the Federal Investigation Agency (FIA) issued a notice to Mr Khan seven months after the receipt of the cipher, whereas the former PM could have retained it for a year.

Justice Aurangzeb noted that if Azam Khan was the only witness of handing over the cipher’s copy to Mr Khan, in case his testimony is excluded, there would be no evidence that the cipher was misplaced from the former premier’s custody.

The judge also inquired under what law the copy of the cipher could be retained for a year. Mr Safdar replied that the prosecution had taken this stance during the initial hearings.

When the court inquired how long the counsel would take to conclude the arguments, the former prime minister’s counsel replied that he would conclude it by the next session.

The court set the next hearing for April 16.

Published in Dawn, April 5th, 2024