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Thursday, December 19, 2024

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Cipher Case | Imran Khan, Shah Mehmood Qureshi Cleared

 

Justice Aamir Farooq delivered a brief verdict on Saifur Rehman’s appeals in the Saifur case; the Islamabad High Court accepted the appeals of Imran Khan and Shah Mahmood Qureshi in the Cipher Case.

Today, the court completed the hearing on the appeals in the Saifur case. The court officials indicated that the decision on the appeals against the punishments in the Saifur case would be announced shortly.

Chief Justice Islamabad High Court Justice Aamir Farooq and Justice Miangul Hassan Aurangzeb heard the case. Lawyers of Imran Khan and Shah Mahmood Qureshi and the Attorney General Islamabad also attended the court.

During the hearing, the prosecution informed the court that Prosecutor Zulfiqar Abbas Naqvi was expected to arrive within 20 minutes. The court expressed annoyance, stating, “Are we just sitting here for you? We have canceled the regular division bench. Has Hamid Ali Shah Sahib withdrawn his power of attorney?”

To this, the Assistant Attorney General responded that Hamid Ali Shah Sahib has recently talked, and they are currently with their mother at a well-known hospital. The prosecutor then said if Salman Safdar wants, they can start presenting evidence.

Justice Aamir Farooq remarked, “I had previously stated that we announced the time at 11 o’clock. Due to this case, we have canceled the regular division bench, and there are no government lawyers here.”

Later, Barrister Salman Safdar began presenting evidence.

He said, “Azam Khan gave Saifur to Imran Khan; there is no document about it. The court had remarked that your client has also confessed to it. Salman Safdar said it is the responsibility of the prosecution to prove it. The law is very clear, and there are Supreme Court decisions on this matter. The prosecution has to prove the case, and the FIA prosecutor said the PTI founder had admitted to the offense in 342. According to the secretariat rules, Azam Khan should be questioned.”

The lawyer, Salman Safdar, said that Hamid Ali Shah did not mention the secretariat rules here, and he also referred to various Supreme Court judicial theories.

The lawyer informed me that statements we were being stopped by midnight. The accused were called at 8 a.m. for the statement of 342, and when the statement of 342 was recorded, the decision was also announced on that day.

The government lawyer said that statement 342 started at 11:30 and continued until 1 o’clock. Justice Aamir Farooq asked if evidence had been given after recording the statement.

Justice’s Inquiry on Counsels’ Criminal Case Experience

Justice Miangul Hassan Aurangzeb inquired which counsels who contested the trial court of Imran Khan and Shah Mahmood Qureshi have ever fought a criminal case. If they have, then prepare a list of all the cases and submit it to the court.

Later, Imran Khan’s lawyer informed the court that the allegation of negligence did not apply to the founding chairman. According to four witnesses, the protection of Saifur was the responsibility of Azam Khan. Two years of investigation have been conducted, and then the FIR was registered, and after the FIA’s action, the remaining eight copies were returned. Why were no actions taken against them? When an attempt is made to destroy evidence, then it is a 201, but Saifur is still present.

Continuing their argument, they said that Hamid Ali Shah Sahib was not present at the last three hearings. Also, a request to collect further evidence was rejected. Hamid Ali Shah Sahib has been presenting evidence in court for a month and a half. The evidence was later brought, meaning we could not prove our case. The court has asked many questions, and Shah Sahib said that I would answer later. Now, Shah Sahib is not even in court.

During this time, Prosecutor Zulfiqar Naqvi arrived at the Saifur case

Lawyer Salman Safdar stated that he had been presenting evidence before, then disappeared, filed a new request, and then the case was sent back. The prosecution suddenly remembered to submit new documents. Justices Miangul Hassan Aurangzeb remarked that we all know what you want to say. If there is negligence, then why did the Foreign Ministry not file a case? The Foreign Ministry came two months later only for witness testimony. The person who acted as a witness himself stated that Saifur was lost, and they requested the Foreign Ministry to bring its copy for the meeting, and they obtained their copy.

In the last hearing, Chief Justice Aamir Farooq stated that the prosecution recommended sending the case back to the trial court due to flaws. Salman Safdar Sahib, what do you want to say about this? Please tell us.”

Lawyer Salman Safdar said, “Today, it has been three months since we were in this case. We have gone far ahead. The court has remarked that this case cannot be heard on merit. We want legal assistance from you.

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