Every coded document is a secret paper under law, FIA tells IHC

ISLAMABAD: The Federal Investigation Agency’s special prosecutor Hamid Ali Shah has told the Islamabad High Court that every coded document is a secret document under the law.

The copies of the cipher are destroyed after saving the original soft copy of the cipher received through the email, and not only the cipher but also its text have to be protected. He said that if the cipher text is known, its codes can be broken. The coded cipher was not intercepted at any stage. The original soft copy of the cipher is still available at the Ministry of Foreign Affairs.

IHC Chief Justice Aamer Farooq remarked that this is a criminal charge and the slightest doubt in the case will go to the benefit of the accused.

Chief Justice Aamer Farooq and Justice Miangul Hasan Aurangzeb heard theappeals against the conviction of PTI founder Imran Khan and Shah Mehmood Qureshi in the cipher case.

CJ Aamer Farooq inquired FIA prosecutor Hamid Ali Shah to define a cipher, asking him if the cipher in question was a secret document or if every cipher was a secret document. The FIA prosecutor told the court that every coded document is a secret document under the law.

When the FIA prosecutor produced the book related to cipher guidelines before the court, the chief justice inquired whether this book is also a secret document.

The prosecutor said that it is written in it that this book is for official use only and it is classified and this book has been issued in the name of the deputy attorney general to remain here till the judgment of the court is written.

He said that the person in whose name this book is issued has to declare every six months that the book is in his possession. He said that according to the counsel for the appellants, some other persons have also not returned copies of the cipher, and among them there will be nine big names.

The chief justice said that if the cipher comes through email, there will be an attachment. The prosecutor said the Foreign Office system contains a soft principal copy of the cipher and each country’s foreign office has its own code. This cipher is a grade-two classified document.

Justice Miangul Hasan Aurangzeb inquired whether any witness said anything about the text of the cipher. The prosecutor replied that no one specifically said anything about it. The CJ asked whether the cipher copy cannot be provided to the investigating officer as well. Justice Miangul Hasan Aurangzeb remarked that it is one thing to keep this document secret, but the whole case revolves around this document.

The court observed that there was a mechanism to show documents to the court, and it is written in the law that you can empty the court for such purpose, but it was not considered appropriate even there to show this document.

Justice Miangul Hasan Aurangzeb remarked that it is a criminal case and the benefit of the doubt will go to the appellants. The chief justice said that of course, it is a criminal case, and even the slightest benefit of doubt will go to the accused, after which the hearing was adjourned till April 23.