Cipher, Toshakhana cases: Appeals against convictions: IHC turns down objections over maintainability

ISLAMABAD: The Islamabad High Court (IHC), Wednesday, turned down the prosecution’s objections over the maintainability of appeals of former Prime Minister Imran Khan, his wife Bushra Bibi, and ex-foreign minister Shah Mahmood Qureshi against their convictions in the cipher and Toshakhana cases.

A special bench of the IHC comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the appeals of former Prime Minister Khan, his wife Bushra Bibi, and former foreign minister Qureshi against their convictions in the cipher and Toshakhana cases.

After rejecting the objections, the bench decided to hear the arguments on the merits from Monday (March 18).

Federal Investigation Agency (FIA) prosecutor Hamid Ali Shah contended that since the original law, promulgated in 1923, did not provide the right of appeal, the Pakistan Criminal Law (Amendment) Act and the Code of Criminal Procedure were invoked to conduct the trial. A provision of the Secrets Act (section 10) allowed an appeal to the extent of trial proceedings, but not against conviction, he added.

In reply to a query by Justice Farooq whether there was no provision of filing an appeal under the Criminal Procedure Code (CrPC), the prosecutor replied that the law was silent on the matter. Hamid said that two-member division bench cannot hear an appeal against conviction under the Special Secrets Act.

During the hearing, Imran Khan’s counsel Barrister Salman Safdar rebuffed the arguments of FIA prosecutor Shah over the maintainability of the appeals. He argued that CrPC was applicable in this case. He further claimed that the CrPC would indeed apply to the Official Secrets Act, allowing for an appeal.

After hearing the arguments of both sides, the bench dismissed the prosecution’s objection and deferred the hearing of the case till March 18 for arguments on the merits of the appeals.

Khan, Bushra, and Qureshi had filed petitions through counsels, Barrister Ali Zafar, Salman Safdar advocate, and others, and cited the State and chairman National Accountability Bureau (NAB) and the interior secretary as respondents.

Khan and Qureshi have challenged the conviction and their 10-year sentence each in the cipher case. Khan and Bushra filed appeals against their conviction in the Toshakhana reference in which they were sentenced to 14 years’ imprisonment each and a Rs1.54 billion fine.

Khan’s counsel stated in the petition that the appellant along with the co-accused, Qureshi, faced trial in Case FIR No06/23 dated 15.08.2023 (“Cipher Case”) under Sections 5 and 9 of the Official Secrets Act, 1923 read with Section 34 of the Pakistan Penal Code (PPC), 1860. The Appellant was arrested on 15.08.2023 and is aggrieved with the conviction and sentence awarded in the instant case through judgment dated 30.01.2024 passed by Abu-al Hasnat Muhammad Zulgarnain, Special Judge (Official Secrets Act, 1923), Islamabad.

Therefore, he prayed that the judgements passed by the NAB authorities and Special Judge in jail trials of Toshakhana and cipher cases be set aside, they be acquitted from charges and their sentence and conviction may be suspended.

Copyright Business Recorder, 2024