The Federal Investigation Agency (FIA) prosecutor, Hamid Ali Shah, has informed the Islamabad High Court (IHC) that former Prime Minister Imran Khan was fully aware of the sensitivity surrounding a cipher document but failed to secure it appropriately, potentially endangering its confidentiality.
During Monday’s hearing, Shah emphasised that Khan not only retained an unauthorised copy of the cipher but also failed to safeguard it, contrary to the primary purpose of cipher security, which is to prevent unauthorised access.
Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb presided over the appeals of PTI founder Khan and former Foreign Minister Shah Mehmood Qureshi in the cipher case.
Shah outlined the protocol for handling cipher documents, stating that they are classified and mandated to be destroyed after six months. Even after declassification, stringent measures are in place for their disposal. He noted that following a National Security Committee decision on March 31 to issue a demarche to the United States, all cipher copies, except the one held by Khan, were returned and subsequently disposed of.
In response to the bench’s inquiry about legal representation for the defense, Shah clarified that it was not mandatory under Section 342 for defense statements.
The chief justice questioned the possibility of concurrent charges for deliberate and negligent loss of the cipher document, to which Shah explained that both charges would be pursued simultaneously due to the differing timelines of relevant actions.
Regarding Khan’s awareness of the cipher’s sensitivity, Shah referred to the former premier’s public acknowledgments of its significance and potential repercussions if leaked.
Shah also addressed concerns about the involvement of ex-principal secretary Azam Khan, stating that while Azam Khan did not directly receive the document, it was handled by his staff, with Azam Khan allegedly confessing to passing it to Khan.
The prosecutor reiterated Khan’s acknowledgment of the cipher’s importance, citing statements made on various platforms. The court granted a petition for the submission of an FIR and records regarding the alleged abduction of witness Azam Khan.
The case is scheduled for further hearing on May 8.
