IHC to arrange bail hearing of Imran and Qureshi tomorrow

This photo released on September 14, 2023 shows PTI Vice President Shah Mehmood Qureshi (left) and PTI founder Imran Khan at a public ceremony. Facebook/Shah Mahmood Qureshi

ISLAMABAD: Islamabad High Court (IHC) Chief Justice Aamer Farooq has confirmed to Imran Khan's defense lawyer that he will fix the hearing of the Pakistani Tehreek-e-Insaf founder ( PTI), Imran Khan, and Vice President Shah Mahmood Qureshi, pleading for bail. 190 million cases of NCA scandal the day after tomorrow (May 8).

A two-member bench of the IHC, comprising Chief Justice Aamer Farooq and Justice Miangul Hasan Aurangzeb, on Monday heard the appeals against the conviction of the two PTI politicians in the encryption case. The former prime minister and the former foreign minister were convicted in the case on January 30 this year.

At the start of the hearing, defense lawyer Latif Khosa told the IHC chief justice that the hearing of bail applications in the NCA scandal was still ongoing. To this, CJ Farooq remarked that he would fix the hearing for May 8 since the previous docket was suspended due to his illness. He added that he was not in good health even today, but he was leading today's hearing because of the importance of the figure case.

FIA prosecutor Hamid Ali Shah also appeared at the hearing. He informed the High Court that all encrypted telegrams bearing a classified stamp are disposed of after six months, even if they are declassified. The National Security Committee (NSC) decided to initiate a process on March 31, marking the completion of the prescribed procedure for the classified document, except for returning its copies to the Ministry of Foreign Affairs, Hamid said. He informed the court that all encrypted copies had been returned to the Ministry of Foreign Affairs, except that of former Prime Minister Khan. The Foreign Ministry later got rid of all copies of the classified telegram, he added.

Can a defendant be defended in the absence of a defense attorney or would this reduce the importance of the defendant's testimony? » asked CJ Farooq. The FIA ​​prosecutor responded that there was no need for defense lawyers to be present during testimony under Section 342 of the Code of Criminal Procedure (CrPC). The IHC chief judge also questioned the legality of the sentence imposed on the two charges of intentional and negligent loss of the classified document. The FIA ​​prosecutor defended the outcome by saying that the two charges would be imposed on the defendants on different occasions. He added that the diplomatic cable cannot be removed from its dedicated location because authorities must make special security arrangements for the container in which the figure is placed. Justice Aurangzeb questioned whether former Prime Minister Khan's principal secretary Azam Khan had personally signed the confirmation receipt after receiving the classified document. To this, the prosecutor replied that Azams' staff had done so and that he had then given the same copy to the former prime minister.

PTI lawyer Hamid Khan told the IHC that he would conclude his arguments this week. The High Court observed that the outcome of the case should be treated separately: if the accused is acquitted or penalized in one scenario, then it should be deemed to be fully acquitted or penalized in other scenarios. Later, the IHC adjourned the hearing to Wednesday, May 8.

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