Imran did not lose encrypted copy, it disappeared from PM's office, says IHC

In this file photo, former Prime Minister Imran Khan holds what he says is a code that is evidence of a foreign conspiracy to oust him from office during a rally in Islamabad. X/@MuzamilChang

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan's lawyer Salman Safdar told the Islamabad High Court (IHC) that Khan did not lose the copy of the figures but she had disappeared from the Prime Minister's office.

The copy of the figures had been entrusted to Azam Khan, who was also responsible for securing it. He was made into a witness for a defendant, so his statement is unreliable.

Justice Miangul Hasan Aurangzeb asked why Azam Khan was not charged with losing the figure, whether negligently or intentionally. The lawyer said the prosecution spoiled its own case by making the accused a witness.

Chief Justice Aamer Farooq asked that even if Azam Khan had physically received the encrypted copy, would it not be considered the responsibility of the PTI founder?

Chief Justice Farooq and Justice Aurangzeb were hearing the appeals of PTI founder and Shah Mehmood Qureshi against their conviction in the encryption case.

Advocate Safdar concluded his arguments and said that Azam Khan had received the copy of the figures. He said he was informed that the copy of the figures given to the principal secretary had not been returned.

The PTI founder took the figure and read it, but nothing in the testimony about its return or loss, or whether the copy of the figure was given or not, or whether the Prime Minister had taken a copy or not , none of these elements appeared in the prosecution's evidence. .

The lawyer said the copy of the figures went missing from the Prime Minister's office and was filed by Azam Khan.

Justice Aurangzeb asked the lawyer if he was saying that there was no recorded document showing that the copy of the figures was given to the PTI founder. Lawyer Safdar replied that that was exactly what he was saying. He argued that there is a risk of human error when a document is lost. He said that according to the rules, if a document disappears, it is not a criminal act.

He said Asad Umer was not charged because he left the party, but Qureshi did not leave the party and was therefore convicted without any evidence.

Lawyer Safdar said that procedure was not followed before making Azam Khan a witness, so his statement was not credible and it was a weak testimony.

He said Azam Khan was named as an accused in the FIR, adding that there was no precedent of an accused becoming a witness by granting him pardon.

The court asked what the status of a statement would be if someone made it after being missing for two weeks or even two days.

The court said that if the door was opened, in the future any key witness could suddenly disappear and then return. What will be the effect?

Lawyer Safdar said he had not witnessed such a situation during his career as a lawyer. The Chief Justice asked whether the lawyer was saying that the accused had become a direct witness.

The court ordered the special prosecutor of the Federal Investigative Agency to initiate arguments. The special prosecutor said it would take three or four days to conclude the proceedings. The court then adjourned the hearing until Wednesday (today).

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