ISLAMABAD: In a recent development in the cipher case, the Islamabad High Court observed on Tuesday that the Federal Investigation Agency (FIA) lacks evidence to support the claim that former Prime Minister Imran Khan retained the confidential diplomatic cable, suggesting it went missing from his possession.
The observation came during a hearing presided over by an IHC division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, who were reviewing appeals filed by Mr. Khan and his former foreign minister, Shah Mehmood Qureshi, against their conviction in the cipher case.
During the proceedings, defense counsel Barrister Salman Safdar presented a report from the foreign ministry to the IHC, outlining the distribution details of the cipher.
According to the report, nearly every recipient of the cipher, including the former army chief and the chief justice, returned the confidential document after a case was registered against Imran Khan.
While the special prosecutor, Hamid Ali Shah, was explaining the cipher’s movement from the foreign ministry to the PM Office, Chief Justice Farooq inquired about any FIA record proving Mr. Khan’s retention of the cipher.
“Is there any record of the cipher’s delivery to the prime minister by the principal secretary?” questioned the chief justice.
Mr. Shah responded, citing Azam Khan, the then-principal secretary, who testified that the cipher was handed over to ex-PM Khan and never returned.
“We consider it hearsay,” remarked the chief justice, suggesting that there might have been a possibility that the former PM instructed the secretary to return the cipher.
Mr. Shah contended that the court had sufficient grounds to believe that Mr. Khan received and reviewed the cipher, citing instances where he referenced its contents in public speeches and even dispatched a demarche to the US.
However, the chief justice pressed further, questioning how it could be confirmed that the cipher was not returned.
Mr. Shah reiterated that witnesses testified under oath that Mr. Khan did not return the confidential document. He also pointed out instances where Mr. Khan publicly acknowledged having possession of the cipher.
Justice Aurangzeb suggested that politicians often make such statements for public appeal.
The court also sought an update on the First Information Report (FIR) registered over Azam Khan’s alleged abduction, directing the counsel to submit a challan or discharge report by May 2.
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