ISLAMABAD: The Supreme Court rejected the petitions seeking a probe into cipher, which the Pakistan Tehreek-e-Insaf (PTI) claimed as an evidence of “international conspiracy” to topple its government.
Justice Qazi Faez Isa, on Wednesday, heard the appeals of Zulfiqar Ahmed Bhutta, Tariq Badar, and Naeemul Hassan against the SC Registrar Office’s objections in his chambers. It has happened for the first time that media persons were allowed to cover the proceeding in the chambers.
The petitions were filed in March last year under Article 184(3) of Constitution requesting the Court to pass direction to probe the veracity of cipher on “international conspiracy”.
Hearing the appeals, Justice Faez questioned; “Is dealing with foreign affairs the job of the court?”
He then inquired; “who was the prime minister when the cipher was received?” GM Chaudhry stated “at that time Imran Khan was the prime minister,” adding that the PTI chief had also “waved the cipher” during a rally.
Justice Faez further questioned; “Did Imran Khan make any decision to investigate the matter as the prime minister?” He added: “Imran Khan had all the powers to have an investigation conducted. All authorities are under the prime minister.”
He asked: “What should the court do in the cipher’s matter?” When the petitioner’s counsel termed the investigations a “matter of fundamental rights”, Justice Isa asked: “What impact did the cipher have on your or my life? There is no matter of fundamental rights in this case.”
Justice Faez also said: “Do you want that the entire world’s ciphers are sent to the Supreme Court instead of the Foreign Ministry? If there is any attack in the future, would the Supreme Court announce war?”
He said: “if the government wants, it can make ciphers from all over the world public.”
He stated: “If anyone else does this, he will be guilty of violating the Secrets Act”, adding that the judiciary cannot “interfere in the affairs of the executive”.
The petitioners had prayed the Court to direct the respondent to deliver the “cipher” to the concerned civil and military authorities to investigate this threat/ letter.
Justice Tariq Masood, a Supreme Court judge on January 24, 2023 had refused to hear the petitions against the Registrar office’s objections raised on the petitions seeking directions for a probe cipher due to personal reasons.
Former prime minister Imran Khan on 27th March 2022, while addressing a public rally of Pakistan Tehreek-e-Insaf (PTI) workers had pulled out a piece of paper from his pocket and waved it at the crowd, claiming it was evidence of an “international conspiracy” being hatched to topple his government.
The Pakistan Democratic Movement, coalition of 13 political parties, which are in the government now believe that the former premier used the letter as an excuse to woo the government’s allies and PTI dissidents in the face of the no-confidence motion against him.
Copyright Business Recorder, 2023
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