You're at loss at nullification of cypher case trial: Justice Tariq to PTI lawyer

Islamabad: The Supreme Court Wednesday issued a notice to the state and the Ministry of Interior on former Prime Minister Imran Khan's bail plea in the cypher case.

According to details, a three-member bench headed by Justice Tariq Masood of the Supreme Court, comprising Justice Yahya Afridi and Justice Ayesha Malik, heard the bail application of Pakistan Tehreek-e-Insaf (PTI) chairman in the cypher case, in which lawyer Salman Safdar appeared on behalf of Imran Khan and read out First Information Report (FIR) in the court.

Justice Tariq asked when this case arose. On this, Salman Safdar said that this is the case of 2022. Justice Masood replied that it has taken a whole year to register the cypher case, ‘In some provisions the punishment is two years, while in some it is death penalty and life imprisonment’.

Justice Tariq expressed indignation at the appearance of the Federal Investigation Agency’s (FIA) investigation officer without notice and said, “Who called you? Go back and sit down”.

Salman Safdar read out the inquiry report and the allegations against PTI chief in the case and stated: “It is alleged that Chairman PTI asked Azam Khan to present the cypher in a wrong waym, it is alleged that Imran Khan directly or indirectly damaged the state’.

Justice Tariq Masood asked if the role of co-accused has been determined. On this, lawyer said that Asad Umar was released and Azam Khan was made a prosecution witness from the accused.

Justice Yahya Afridi said that in the first case it was said that Azam Khan is the accused, in the inquiry it was stated that the role of the co-accused will be determined in the investigation, what did the investigating officer say about Azam Khan in the final investigation report?

When asked by the court, Salman Safdar replied that the investigating officers did not give any clear stand. Azam was kidnapped and his family also filed a case of kidnapping. After the abduction, Azam Khan's statement of 164 came surprisingly. Justice Tariq Masood said, “See, this is how the truth comes to light”.

The court inquired whether the cypher was a secret document or not. Salman Safdar said that cypher was not a secret document after it was declassified. The court asked whether the accused showed the cypher to anyone before it was declassified. The lawyer said that during this period the cypher was not shown to anyone.

It was further asked by the court if the cypher was shown publicly and told what was written in it, does it not fall under the category of communication. ‘Right now we are not trying the charges, just seeing what the charges are’.

Justice Yahya Afridi said that Imran Khan was the Prime Minister at that time and he shared the cypher with his colleagues in the meeting. If he was conspiring with cipher, why did he record the meeting? The problem before us is to leak the cypher text.

Justice Tariq Masood added that since the trial of cypher case was annulled, now you have suffered a loss. If they were some loopholes in the case. You could have used that later in defense. After the mistrial is overturned, the prosecution will conduct a trial with all errors removed. There was a bail case in front of us on which notices has been released. The journalists will later say that the judge was not in a good mood, so he did not pronounce the bail, whereas today only notices could have been issued.

Later, the court adjourned the hearing for an indefinite period while issuing notices to the state and the Ministry of Home Affairs in the cypher case.