Was Imran aware of sensitivity of secret documents: IHC CJ

ISLAMABAD – During the appeal hearing of former Prime Minister Imran Khan and former Foreign Minister Shah Mehmood Qureshi against their convictions in the encryption case, the Islamabad High Court (IHC) raised Monday questioned whether Imran Khan was aware of the sensitivity of the secret documents and was negligent?

A special bench of the IHC comprising IHC Chief Justice Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb held the hearing in the appeals filed by Imran and Qureshi against their convictions in the figure. At the start of the hearing, Imran Khan's lawyer Latif Khosa Advocate informed the IHC chief justice that the hearing of bail applications in the 190 million pound case was still in progress. Justice Aamer then remarked that he would schedule the hearing in this case for May 8, as the previous docket of regular cases had been suspended due to his illness. FIA prosecutor Hamid Ali Shah also appeared before the court and informed the bench that all encrypted telegrams bearing a 'classified stamp' were disposed of after six months, even if they were 'declassified'.

He argued that the National Security Committee (NSC) had decided to proceed on March 31, which marked the completion of the prescribed procedure for the classified document, except for returning its copies to the ministry Foreign Affairs. He informed the court that all the encrypted copies had been returned to the Ministry of Foreign Affairs, except the one that was with former Prime Minister Khan.

The Foreign Ministry later got rid of all copies of the classified telegram, he added.

The IHC Chief Justice asked whether an accused can be defended in the absence of a defense attorney, otherwise it would diminish the importance of the accused's testimony? The FIA ​​prosecutor said there was no need to ensure the presence of the defense lawyer during testimony under Section 342 of the Criminal Procedure Code (CrPC).

Judge Aamer also questioned the legality of the sentence imposed on the charges of “intentional” loss and “negligence” of the classified document.

He asked whether former Prime Minister Imran Khan was aware of the sensitivity of the secret documents and whether he was negligent?

Hamid Shah defended the outcome because the two charges would be imposed for separate acts of the accused on different occasions. He went on to say that the diplomatic cable cannot be removed from its dedicated location because authorities must make special security arrangements for the container in which the cipher is placed.

Justice Miangul Hassan asked whether former principal secretary Azam Khan personally signed the confirmation receipt after receiving the classified document. Shah replied that Azam's staff had received the copy of the figure and he later handed over the same copy to the former prime minister. He also informed the IHC bench that he would conclude his arguments this week.

The Advocate General Islamabad has submitted a request for submission of the FIR and relevant file regarding the abduction of Azam Khan. The IHC bench accepted the plea and adjourned the hearing to May 8 for further proceedings.

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