Cipher not produced in trial court as it was secret document, FIA tells IHC

ISLAMABAD: The Federal Investigation Agency’s prosecutor told the Islamabad High Court on Tuesday that the cipher was not produced in the trial court as it was a confidential document.

Chief Justice Aamir Farooq inquired whether the secret document could not be produced in the court.

Justice Miangul Hassan Aurangzeb said that the document could have been produced by sending non-relevant persons outside the court.

The prosecutor said that the trial court did not order producing the cipher before the court and it was therefore not produced before the trial court, adding that if the high court issued directives, it would be produced before the court.

Chief Justice Aamir Farooq said that if the court cannot write in the decision about this document, then what the need is.

Chief Justice Farooq and Justice Aurangzeb heard the appeals against the convictions of former prime minister Imran Khan and former foreign minister Shah Mahmood Qureshi in the cipher case.

FIA Prosecutor Hamid Ali Shah said that the experts produced audio and video evidences in the case and their statements were recorded and cross-examined. He said that trial court had discussed the evidence of the experts in its judgment. He said the PTI founder was provided with a cipher document as prime minister, which he made public.

The chief justice inquired whether it is a crime to simply give information. The prosecutor said that this act of the PTI’s founder harmed the national security and other countries benefited from such deliberate or non-deliberate move. He said that the PTI founder manipulated the cipher text for personal gain.

The chief justice asked how the court could compare the documents when it did not have the documents. He inquired the prosecution what the text of the cipher was.

Justice Aurangzeb inquired what in the cipher was and what information was manipulated.

The court observed that the PTI founder said that the cipher mentioned that if he is not removed, then there will be consequences. The court inquired the prosecutor whether he was saying that what the PTI founder said was correct and if the PTI founder was telling the truth.

The prosecutor said Imran Khan was admitting that this was the message. The court asked the prosecutor to tell it what was changed in the cipher.

“You are saying that the correct text of the cipher was made public, then what was the manipulation?” the court inquired. The CJ observed that confession does not mean that the prosecution’s responsibility has been completely done. The court observed that it has been repeatedly asked from the prosecution what in the sealed envelope was.

Justice Aurangzeb said the cipher could be a hundred pages or even a paragraph. The court observed that it doesn’t know, the trial court doesn’t know and the prosecution doesn’t know about the cipher.

The Chief Justice asked even if indirectly which country benefited from it. The court observed that if everyone was saying that relations with a country had deteriorated, then it would not happen like this. It asked what the signs of an estranged relationship were, inquiring the prosecutor if any country had declared war and if the US stopped issuance of visas, trade or student admissions.

The court observed that the prosecution had to prove its case even if the accused accepted his crime. It said the government had severed a demarche on the super power, which would not affect the relationship with the foreign country, but it deteriorated by announcing in a public rally.

The prosecutor said that the PTI founder had read out the cipher content to the international media organisations. Justice Aurangzeb inquired whether the Pakistani diplomat was called in the Capitol Hill.

The court observed that the PTI founder’s statement was denied by the US and the prosecution also placed statements of political opponents. The chief justice inquired whether the secret document was not shown to the court and in this case if the head of the department said that this document would not be shown.

The court inquired that when it was not given to the FIA, whether it should not have been given to the court as well. The prosecutor said that if the trial court asked for it, they would have given it. If this court says, they will also produce the cipher before it.

The chief justice observed that if it is so simple that the court asked for the cipher, the prosecution will show it. The court observed that if the court cannot write in the decision about the cipher, then what the need of it is.

The prosecutor said the defendants’ lawyers had requested to see the cipher at the trial, which was turned down. He submitted that he wanted to conclude the arguments but could not do so due to court queries

The CJ observed that the prosecution should not put restrictions on the court about asking questions. Adjourning the hearing till Wednesday, the court directed the advocate general of Islamabad and the lawyers appointed by the state for the accused to appear in the court.