Cipher investigation started before complaint, says Imran's lawyer – Pakistan

ISLAMABAD: As the Islamabad High Court considered the PTI founders' appeal against the conviction in the encryption case, the lawyer representing former Prime Minister Imran Khan said the investigation in the case had been opened before the complaint regarding the offense was registered.

Lawyer Salman Safdar argued before the division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb on Tuesday.

He said the Interior Ministry had filed a complaint with the Federal Investigation Agency (FIA) under Section 33 of the Official Secrets Act on October 12, 2022. The investigator, when cross-examination, however, stated that he had been put in charge of the investigation into the case which took place on October 5, almost a week before the complaint was registered, the lawyer said.

CJ Farooq inquired about the mechanism and procedure adopted by the FIA ​​and sought documentary evidence from the lawyer. Justice Aurangzeb asked the reason for initiating the investigation under the Secrets Act. Lawyer Safdar responded that the federal cabinet had referred the investigation to the FIA, but the basis of the investigation was flawed.

The defense lawyer argued that the trial in the figure case continued into the late hours and that the judge, without giving the defense enough time, concluded the trial in a hurry.

He argued that the trial court judge appointed two state attorneys as prosecutors, while defense attorneys cooperated fully with the court.

The court considered the trial court's orders, with Justice Aurangzeb saying the court would compare the lawyer's assertions with the conduct of the defense team.

The judge also inquired about the process adopted for appointing state attorneys.

Imran's lawyer informed the court that the trial court judge had sent an email to Islamabad's advocate general and the latter had forwarded a list of proposed prosecutors.

The court summoned the advocate general and adjourned further hearing until Wednesday (today).

Imran acquitted in two FIRs

Judicial Magistrate Shaista Kundi on Tuesday acquitted former Prime Minister Imran Khan in two cases registered against him in connection with the violence during the May 2022 long march.

These FIRs were registered at Sihala and Lohi Bher police stations of the federal capital.

The lawyer said Mr Khan had been convicted in a number of cases in relation to the long march and for violating Article 144, but there had been no notification on the ground prohibiting the gatherings public at that time.

The lawyer informed the judge that Mr Khan had also been acquitted in similar cases before. After hearing the arguments, the court reserved the order for some time and later acquitted Imran Khan.

Published in Dawn, March 20, 2024

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