Imran Khan, Shah Mahmood’s bail in cypher case approved

Islamabad: The Supreme Court Friday approved the bail petition of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and Vice-Chairman PTI Shah Mehmood Qureshi in the cypher case.

According to the details, a three-member bench headed by Acting Chief Justice Sardar Tariq Masood is hearing the bail petition of Imran Khan and Shah Mehmood Qureshi in the cypher case. Justice Mansoor Ali Shah and Justice Athar Minullah are part of the bench.

PTI's lawyer Salman Safdar said that the secret codes of the cypher were never with the former Prime Minister Imran Khan. On which Justice Athar Manullah said that the Ministry of Foreign Affairs discloses the cypher to the government to help in foreign policy, while Justice Mansoor said the purpose of the Official Secrets Act is to prevent sensitive information from being leaked, diplomatic information is also sensitive but of a different nature.

Lawyer Salman Safdar stated that Pakistani Ambassador to US Asad Majeed had sent the cypher as the most sensitive document, on which Justice Mansoor Ali Shah replied that you agree that sensitive information cannot be shared.

PTI's lawyer added: “What is to be seen is whether sensitive information has been shared or not, the provisions of death sentence or life imprisonment are not imposed against the former prime minister”.

The Acting Chief Justice of Pakistan said that the cypher was not shared with anyone but it was broadcast on air.

Salman Safdar told the court that Azam Khan received the cypher from the Ministry of Foreign Affairs as Principal Secretary. The meeting in which cypher conspiracy is alleged to have been planned took place on March 28, 2022. Whereas according to the challan, the rally in which the cypher is alleged to have been waved took place on March 27, 2022.

Justice Athar Minullah said that the original cypher is in the Ministry of Foreign Affairs, if it has been taken outside, it is a crime of the Foreign Office as it cannot be discussed in public.

Lawyer Salman added that Shah Mehmood Qureshi said in his speech that he has told the prime minister about the conspiracy, I am bound by oath, after this statement, Shah Mehmood Qureshi has been in jail for 125 days.

PTI's lawyer also read out the speech of the then Foreign Minister Shah Mahmood in the parade ground on March 27, 2022 in the Supreme Court.

Acting Chief Justice Sardar Tariq Masood said that the Foreign Minister himself was sensible, he knew what to say and what not. He said that he cannot tell and got PTI founder in trouble and told him to read the cypher.

The founder of PTI had not shared anything with the public. If the cypher has already been made public, then why does the prosecution need the cypher trial in camera, added the lawyer? On which Justice Athar Minullah inquired on what basis the prosecution thinks that it is necessary to keep the accused in custody.

After hearing the arguments of the lawyers of the parties, the Supreme Court accepted the appeal of Imran Khan and Shah Mahmood Qureshi saying that at this time the matter is not about the founder PTI but about public rights. The bail of Imran Khan and Shah Mehmood Qureshi has been approved.

Justice Mansoor Ali Shah asked if another country benefited from the deterioration of Pakistan-US relations. How was it investigated that it has not been mentioned in the First Information Report (FIR).

Justice Athar Minullah said, “Does it not humiliate the country to throw away the prime ministers out of the power before the time? Will the Official Secret Act also apply to the premature removal of the Prime Ministers”?

Prosecutor Raja Rizwan Abbasi said that Cipher has become a laughing stock in the world including India, the court cannot look into the criminal case under Article 184/3. On this Justice Mansoor Ali Shah said how can it be that the Supreme Court could not look into the fundamental rights based on the Criminal Code?

Lawyer Shah Khawar said that the court has the authority to see the fundamental rights, on which Justice Mansoor Ali Shah said that nowhere in Asad Majeed's statement is it written that any other country has benefited. The court is not justifying making cypher public but it is a matter of law. Yes, they should clarify the basis for imposing the death penalty, so far as no witness statement proves that a foreign power has benefited.

Justice Athar stated on one hand you say that the case will be conducted in-camera but the statements of the witnesses have started to be read, on which the prosecutor Rizwan Abbasi answered that there was a lot of excitement in India when the cypher was waved.

What happened to the Baloch families yesterday, wouldn't something have happened, stated Justice Minullah? On which the prosecutor Rizwan Abbasi said that the enemy will benefit by affecting the bilateral relations.