In a recent development in the ongoing cipher case, the Islamabad High Court has raised questions regarding the evidence presented by the Federal Investigation Agency (FIA) against former Prime Minister Imran Khan.
During the hearing of appeals filed by Khan and his then-Foreign Minister Shah Mehmood Qureshi against their conviction in the cipher case, the court observed that the FIA lacked concrete evidence to prove that Khan retained the confidential diplomatic cable.
The division bench of the IHC, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, scrutinised the evidence presented by both the defense and the prosecution. Defense counsel Barrister Salman Safdar submitted a report from the foreign ministry detailing the distribution of the cipher, revealing that most recipients returned the document after the case was initiated against Khan.
During the proceedings, special prosecutor Hamid Ali Shah attempted to elucidate the movement of the cipher from the foreign ministry to the Prime Minister’s Office. Chief Justice Farooq questioned the existence of any record with the FIA proving Khan’s retention of the cipher.
The prosecutor referred to the testimony of Azam Khan, the then-principal secretary, who claimed that Khan never returned the document. However, the court expressed skepticism, suggesting that Khan might have requested the secretary to return the cipher.
The prosecutor argued that Khan admitted to possessing the cipher during public speeches and interviews, but the court highlighted that such statements could be political maneuvers. Justice Aurangzeb also inquired about the status of the First Information Report (FIR) filed regarding Azam Khan’s alleged abduction, directing the state counsel to provide an update by May 2.