IHC resumes hearing in Imran, Qureshis appeals today

ISLAMABAD – The Islamabad High Court (IHC) will tomorrow resume hearing the appeals of former Prime Minister Imran Khan and former Foreign Minister Shah Mehmood Qureshi against their convictions in the encryption case. A special bench of the Islamabad High Court (IHC), comprising IHC Chief Justice Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, will hold the hearing on the appeals filed against their convictions in the figure .

Earlier, the IHC Chief Justice, while addressing the lawyers, noted that eight copies of the deciphered cipher had been prepared and distributed to various recipients. The former principal secretary said a copy was shared with the then prime minister, but it later disappeared. The court said the accused could only receive one sentence under sections 5(1)(c) or 5(1)(d) of the Official Secrets Act. Justice Aamer further observed that it was admitted that a copy of the code had reached Azam Khan. He added that even if the charges were proven, the sentence in this case could not exceed one year. Imran's lawyer Salman Safdar assured the bench of his assistance regarding these sections and pointed out that his client had been convicted under both sections. He mentioned that the codes are usually returned within a year, but the prosecution only initiated criminal proceedings against the PTI founder after seven months.

Justice Miangul Hassan then asked the lawyer to provide any documentation regarding the time frame for returning the figures. The court claimed that Azam Khan was the only witness regarding the handing over of the figure to the PTI founder. During the hearing, Salman Safdar's lawyer requested the court to adjourn the matter until after Eid. The court accepted the request and scheduled the next hearing for April 16. In this case, Imran and Qureshi filed the petitions through their lawyers, Advocate Ali Zafar, Advocate Salman Safdar and others and cited the State and the Chairman of the National Accountability Bureau (NAB) and the secretary. Interior as respondents.

Khan and Qureshi challenged the conviction and their 10-year sentence each in the figure case. Khan and Bushra Bibi appealed their convictions in the Toshakhana case, in which they were sentenced to 14 years' imprisonment each and fined 1.54 billion rupees. Imran's lawyer said in the application that the appellant and co-accused, Shah Mehmood Qureshi, would be tried in case FIR No. 06/23 dated August 15, 2023 (Cypher case) under sections 5 and 9 of the Official Secrets Act, 1923. read with section 34 of the Pakistan Penal Code (PPC), 1860.

The appellant was arrested on 15.08.2023 and is aggrieved by the conviction and sentence passed in the present case by judgment dated 30.01.2024 delivered by Abu-al Hasnat Muhammad Zulgarnain, Special Judge (Official Secrets Act , 1923), Islamabad.

Therefore, he requested that the judgments passed by the NAB authorities and the special judge in the prison trials of the Toshakhana and Cypher cases be set aside, they be acquitted of the charges and their sentence and conviction may be suspended.

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