Islamabad: The FIA demanded that the appeal against the conviction of Imran Khan and Shah Mehmood in the cipher case be declared inadmissible, on which the court on Wednesday called for arguments from the parties.
According to Express News, a two-member division bench of the Islamabad High Court headed by Chief Justice Amir Farooq and Justice Mian Gul Hasan Aurangzeb heard the appeal against conviction in the cipher case of founder PTI. Founder PTI’s lawyer Barrister Salman Safdar, Alima Khan, Ali Muhammad Khan and Hamid Khan reached the court.
FIA Prosecutor Hamid Ali Shah objected that this appeal is not admissible. The court should declare the appeals inadmissible. On this, the court asked how the appeals are not admissible. Tell me the law.
Lawyer FIA said that this is not an appeal under the Act of 1923, won’t CRPC also appeal? On this, FIA said that CRPC is silent in this regard, there is no right of appeal in the Official Secrets Act, our second objection is that the appeal cannot be heard by a two-member bench.
Chief Justice Aamir Farooq said that you may be right in High Court Rules and Orders but High Court Rules will not help you.
After the arguments related to the two objections of FIA prosecutor Hamid Ali Shah were completed, Imran Khan’s lawyer Salman Safdar started the arguments. Salman Safdar said that it is surprising that his objections are that neither two judges nor one judge can hear the appeal. The same objection was raised, then the court decided that it can be heard.
Justice Mian Gul Hasan Aurangzeb asked Salman Safdar to assist the court on this point. Even if the objection is accepted, the proceedings will not end. It is clear that the status of the appeal will change if the objection is accepted. But it will not end.
Lawyer Salman Safdar said that the FIA prosecutor said that the appeal against this sentence cannot be heard, the law does not know that the appeal cannot be heard, whether the appeal against the death sentence was filed in the High Court. Go? The prosecution also said on the bail application that the bail application cannot be heard, later after detailed arguments it was decided that the bail application can be heard.
The Chief Justice asked that you say that the Code of Criminal Procedure will apply to the Official Secrets Act. On this, Salman Safdar said that he will definitely apply.
Justice Gul Hasan said that the FIA prosecutor has raised the main objection on the appeals, we will decide after hearing the main objection first.
Chief Justice Amir Farooq said that it is true that no one can be left without remedy, the question raised by the prosecution has to be seen, there are many issues in this case which you should argue in detail.
Lawyer Salman Safdar said that he raised this objection at this stage when I started giving arguments on the appeal.
The court instructed the lawyer of founder PTI that a point has come before us and we have to make a decision on it, so you should also give your arguments.
Later, the court adjourned the hearing on Wednesday seeking arguments on the objection of the FIA on whether the appeals are admissible or not.
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