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Imran, Qureshi's Cypher acquittals challenged in South Carolina

Imran, Qureshi's Cypher acquittals challenged in South Carolina
Imran, Qureshi's Cypher acquittals challenged in South Carolina



The Interior Ministry on Thursday challenged the acquittal of PTI founder Imran Khan and former foreign minister Shah Mahmood Qureshi in the encryption case in the Supreme Court.

The ministry, in its appeal, took the position that the Islamabad High Court (IHC) did not have the authority to hear the two men's appeals in the case, adding that the “overwhelming evidence” of the accusation had been ignored.

The encryption case has its origins in Imran's public presentation of a newspaper at a rally in Islamabad on March 27, 2022, claiming it as evidence of an “international conspiracy” before a vote of no confidence. led to the ouster of his government.

On January 30, a special court established under the Official Secrets Act sentenced Imran and Qureshi to 10 years' imprisonment in the case. Later, the two leaders appealed the verdict to the IHC.

On June 3, the IHC acquitted the two leaders, suspending their 10-year prison sentences.

On Thursday, the Home Office's appeal argued that the Official Secrets Act (OSA) 1923 did not provide for the possibility of appealing the judgment of the special court judge and that the IHC had not ” appreciated” his lack of competence. or the power to create rights which were not provided for by the Constitution or validly enacted law.

Also read: IHC acquits Imran Khan and Shah Mahmood Qureshi in encryption case

“It is an established principle of law that when the legislature has not provided for something in the language of the law, the court cannot go beyond its jurisdiction and give an interpretation to the law, because that would be ultra vires the powers available to the court under the law. the Constitution and would constitute an order without jurisdiction,” notes the appeal.

He said Imran and Qureshi did not cooperate during the crypto trial, adding that it was proved by the record that the two accused filed 65 different pleas during the trial.

He added that during the case, witnesses appeared in court but the defendants' lawyers did not cross-examine them.

“The respondents were uncooperative throughout the trial and made every effort to delay the proceedings. The trial court's record shows that 65 miscellaneous motions filed by respondents were heard and decided by the trial court.

“The case has been adjourned several times at the request of the respondents or their lawyers. The witnesses remained present in court but their cross-examination was not conducted by defense lawyers. The learned trial court appointed the defense lawyers at the expense of the State, which had completed the trial. The respondents have attempted to defeat the cause of justice through indefinite procrastination,” the appeal said, adding that these aspects were not considered by the IHC.

The appeal argued that it was a “well-settled principle of law” that if a court concluded that a trial had not been conducted fairly, then “the only outcome provided by law was to remand the matter to the trial court for due opportunity.”

He said the prosecution had produced “overwhelming evidence” to support its case and that the accused’s confession was “sufficient to establish the case beyond a shadow of doubt”.

“The prosecution produced the documentary evidence as well as its forensic analysis through reliable and trustworthy evidence which was not denied during cross-examination, but this aspect was not appreciated by the honorable division of the IHC, upon acquittal of the respondents, as such, the impugned judgment is not sustainable in the eyes of law.

“That the impugned judgment/abbreviated order does not reflect any ground for acquittal of the respondent, even if it is not observed that the prosecution has failed to prove its case beyond the shadow of any doubt.

“That with utmost respect, he submitted that the IHC failed to appreciate the evidence available on record as well as the confession of the accused, while acquitting the defendants, as such, the judgment attacked is not tenable in the eyes of the law,” the appeal noted.

The interior ministry urged the apex court to schedule the hearing of his appeal.




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