IHC reserves order on Qureshi’s bail plea in cipher case

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday reserved its order on a bail application of former foreign minister Shah Mehmood Qureshi in the cipher case.

IHC Chief Justice Aamer Farooq inquired the counsel if the charge framed against the applicant really pertains to connivance with the main accused or it is about having possession of a cipher copy and its misuse.

The Federal Investigation Agency’s special prosecutor submitted that the prosecution has sufficient evidence about the applicant’s connivance in the cipher case and he could therefore not be entitled to bail.

He said that applicant being foreign minister should have stopped the then prime minister from making such a speech, but he instigated the former prime minister to make the cipher information public.

Chief Justice Aamer Farooq heard Shah Mehmood Qureshi’s bail application as well as the trial court’s order with regard to his indictment in the cipher case.

The applicant’s counsel, Ali Bukhari, submitted that the applicant had not been provided with the complete record of the case, and copies of the charge sheet had been provided only after the lodging of protest. He said that it is the responsibility of the foreign minister to bring to the knowledge of the prime minister whatever he come to know, and the prime minister has to place the information before the cabinet. He said that the principal secretary of PM has to prepare the agenda of the cabinet meeting.

Special Prosecutor Raja Rizwan Abbasi submitted that the applicant was indicted by the trial court after the completion of all the legal formalities on October 23, and copies of the charge sheet were provided to the applicant according to the law.

The court asked the special prosecutor whether copies were provided to the applicant according the law. The special prosecutor submitted that the applicant was indicted on charges of conniving with the former prime minister in the cipher case. He said that the applicant remained twice foreign minister of the country and his speech shown that he was aware about the secrecy in the cipher case.

Abbasi said that applicant had said in his speech as foreign minister that he himself was not disclosing the secret, but he had told the prime minister about the secret and that a plan was being made and who were involved in this planning.

He said that the applicant did not deny his words and admitted in a TV programme that the Pakistan Tehreek-e-Insaf chairman had rightly disclosed the cipher. The special prosecutor said there was no example in the world in which any official had made public the information in the cipher in this manner.

Special Prosecutor Zulfiqar Abbas Naqvi submitted that the applicant’s counsel was not allowing the trial court to proceed further and wanted the trial court to record statements of three witnesses on every hearing. He said that trial proceedings could be completed if the court gives the prosecution 15 to 20 days or one month at most.

The chief justice observed that it is a jail trial of the applicant instead of an in-camera trial, and jail trial proceedings do not mean open public court proceedings. The court inquired the prosecution counsel how the jail trial of the applicant was being carried out.

Special Prosecutor Shah Khawar said that public access to the jail trial is not prohibited but limited. The chief justice observed that only those persons who are allowed by the prison authorities can witness the trial proceedings in the jail. The applicant’s counsel submitted that Shah Mehmood Qureshi did not use the word ‘cipher’ anywhere in his speech. The court after hearing the arguments of the counsel reserved the order on the bail application.