Islamabad: The High Court adjourned the hearing on the appeal against the conviction of founder PTI and Shah Mehmood Qureshi in the cipher case till April 16. The Chief Justice remarked that both 1C and 1D cannot be punished.
Chief Justice Amir Farooq and Justice Mian Gul Hasan Aurangzeb heard the case. PTI founder lawyer Barrister Salman Safdar and FIA Special Prosecutor Hamid Ali Shah also appeared before the court.
When the hearing started, Barrister Salman Safdar said that generally when a lawyer removes the elephant, there is no need to remove the tail. The Chief Justice remarked that but these sections are imposed on you, you have to assist the court in this regard, to which Barrister Salman Safdar said that when you work in Ramadan, it is a requirement to get Eid before Eid. .
Chief Justice Amir Farooq remarked that we will give Hamid Ali Shah as much time as he wants for his arguments, it does not matter whether Eid is happening or not, we have to fulfill the legal requirements, Official Secret Act 51C or 5 Punishment can happen in one of the ODIs.
Barrister Salman Safdar argued that one C is negligence and one D is intentional loss, I will support the court regarding both.
The Chief Justice inquired whether the judgment of the trial court has been punished in both 1C and 1D. Barrister Salman Safdar said that yes, both have been punished. The Chief Justice remarked that there can be no punishment in both 1C and 1D. Barrister Salman Safdar said that he has no evidence other than Azam Khan regarding 1C and 1D.
Chief Justice Amir Farooq remarked that even if this allegation is assumed to be true, the punishment of two years is too much. In the law, two years of punishment on this charge means maximum punishment of two years. The cipher copy has reached Azam Khan. It is admitted, Shah Mehmood Qureshi has no role in Section 1C and 1D. had given it to the founding PTI, the secretary says later when he asked for the copy again, it was missing.
The court inquired that when the secretary shares things with the prime minister, is it informal? Barrister Salman Safdar said that when a copy of the cipher usually comes after a year, why was the founder PTI given an early notice even though the rest of the copies were returned after 17 months.
Justice Mian Gul Hasan Aurangzeb inquired which document are you relying on to return the cipher copy in one year? Barrister Salman Safdar replied that Shah Mehmood Qureshi had spoken before the court in this regard.
The court remarked that as per the record one of the witnesses has stated that the general practice is that the copy is returned within one year, there is no document on record to show that the copy has to be returned within one year. Advocate founder PTI Salman Safdar said that we will break the case word by word.
Justice Mian Gul Hasan Aurangzeb inquired that Azam Khan is the only witness of handing over the cipher copy to PTI founder. If Azam Khan’s statement is removed, there is no witness to the surrender, in which law is it that the cipher must be returned within one year?
Advocate PTI said that this is a case of prosecution. Justice Mian Gul Hasan Aurangzeb remarked that if it is a year, a year should be written separately.
Special Prosecutor Hamid Ali Shah said that Salman Safdar is reading the Security of Classified Matters in Government Department book before the court regarding cipher working, it is top secret. Barrister Salman said that even the trial judge did not see this book or showed it to us.
The Chief Justice said in the remarks that some sections of it were written in the bail decision. Salman Safdar argued that Foreign Secretary Sohail Mehmood said in a statement that the Prime Minister’s cipher copy was lost. According to Sohail Mehmood, Azam Khan asked him for a new copy of the cipher. New will not be found.
The court adjourned further hearing of the cipher case till April 16. Salman Safdar will continue arguments on the next hearing.
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