🇵🇰 Cipher case Updates (1 Viewer)

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Cipher case judge may be repatriated over 'misconduct'

Malik Asad
April 24, 2024

ISLAMABAD: The administration of Islamabad High Court (IHC) has initiated the process to send back District and Sessions Judge Abul Hasnat Mohammad Zulqarnain to his parent department, the Lahore High Court (LHC), over alleged misconduct.

Judge Zulqarnain convicted former prime minister Imran Khan and PTI leader Shah Mahmood Qureshi in the cipher case and sentenced them to 10 years' rigorous imprisonment each, in a hurriedly concluded trial.

Sources in the IHC told Dawn on Tuesday that the senior puisne judge, Justice Mohsin Akhtar Kayani, who is also the inspection judge of the capital's Special Courts, has recommended the repatriation of Judge Zulqarnain since a division bench of the high court passed certain observations regarding the conduct of the judge in a bail order on the plea of PTI leader Aamir Masood Mughal.

Mr Mughal, who was booked in March last year for allegedly leading a group of rioters that set a police van on fire, applied for pre-arrest bail at the Anti-Terrorism Court.

During a hearing on Feb 6, Mr Mughal appeared in the court of ATC judge Zulqarnain and requested the court to adjourn the hearing on the petition until after the Feb 8 general elections, in which the accused participated as an independent candidate, backed by the PTI.

The judge accepted the request and adjourned the matter until Feb 13.

The IHC bench, however, noted that "the presiding officer [Judge Zulqarnain] dictated and announced such an order in the open court. However, later they were informed that the said petition [for pre-arrest bail] has been dismissed for non-prosecution".

According to the order, the IHC asked the petitioner and his lawyers to submit separate affidavits before the court, and they later submitted affidavits affirming the facts.

The court further noted that the investigation officer in the case also confirmed the statements of the petitioner and his counsel that the ATC-I on Feb 6 had adjourned the hearing until Feb 13.

"At this juncture, we will exercise restraint to record observations regarding the conduct of the presiding officer [ATC-I judge] in the light of the principle and law laid down by the Supreme Court. However, a separate note is being submitted on the administrative side," the order said.

Published in Dawn, April 24th, 2024

 

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'No evidence that cipher was in Imran's custody'

The Newspaper'
May 1, 2024

Islamabad High Court (IHC) Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb.

• IHC asks FIA for proof that ex-PM 'lost' document
• Maneka seeks 'partisan' judge's recusal in Iddat case

ISLAMABAD: In a fresh twist in the cipher case, the Islamabad High Court on Tuesday observed that the Federal Investigation Agency (FIA) has nothing on record to prove that former prime minister Imran Khan retained the confidential diplomatic cable, and that it went missing from his possession.

The observation was made by an IHC division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, which had resumed hearing appeals filed by Mr Khan and his foreign minister at the time, Shah Mehmood Qureshi, against their conviction in the cipher case.

Earlier, defence counsel Barrister Salman Safdar had submitted a report of the foreign ministry to the IHC containing details of the cipher's distribution.

The report revealed that almost every recipient of the cipher, including the former army chief and the chief justice, returned the confidential document after a case was registered against Imran Khan.

While special prosecutor Hamid Ali Shah was explaining the movement of cipher from the foreign ministry to the PM Office, Justice Farooq asked if there is any record available with FIA, the prosecuting agency, that proves Mr Khan retained the cipher.

"Is there any record of cipher's movement that it was handed over to the prime minister by the principal secretary?", asked the chief justice.

Mr Shah replied that Azam Khan, the then-principal secretary, testified before the court that the cipher was handed over to ex-PM Khan and was never returned.

"We believe it's hearsay," remarked the chief justice, adding that there was a possibility that the former PM had asked the secretary to return the cipher.

Mr Shah, however, said the court had ample reason to believe that the ex-PM received and perused the cipher on the basis of which he made public speeches and even sent a demarche to the US.

"But how do we know it was not returned?" the chief justice questioned.

Mr Shah replied that witnesses in the case had stated on oath that Mr Khan never returned the confidential document. He said that during a public speech and an interview with a private television channel, Mr Khan admitted that the cipher was in his possession.

Justice Aurangzeb remarked that politicians make such statement to pander to the crowd.

He asked the state's counsel to apprise the court what happened with the First Information Report (FIR) registered over Azam Khan's alleged abduction.

Justice Farooq directed the counsel to submit a challan or discharge report in the FIR by May 2.

Iddat case

Meanwhile, Khawar Farid Maneka, the former spouse of Bushra Bibi, sought the transfer of the appeal against conviction of Imran Khan and Bushra Bibi in Iddat case.

Mr Maneka requested sessions judge Shahrukh Arjumand to recuse himself from hearing the appeal for being biased. He also accused the judge of being sympathetic to the Pakistan Tehreek-i-Insaf.

Published in Dawn, May 1st, 2024