Cipher case : under the Official Secrets Act

[ghazi52]

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Special court extends Qureshi’s physical remand in cipher case for another 3 days​

PTI leader's lawyer says cipher case a “political case”.

Umer Burney
August 25, 2023

PTI Vice Chairman Shah Mahmood Qureshi appeared before a special court in Islamabad on Friday.

A special court in Islamabad, recently established to hear cases filed under the Official Secrets Act, extended the physical remand of PTI Vice Chairman Shah Mahmood Qureshi for another three days in the cipher case.

Qureshi was arrested by the Federal Investigation Agency (FIA) last week in connection with a first information report (FIR) registered on Aug 15 under the Official Secrets Act against former prime minister Imran Khan and the former foreign minister.

The FIR alleged that Imran, Qureshi and their other associates were involved in the communication of information contained in a secret classified document (cipher telegram received from Parep Washington dated March 7, 2022 to Secretary Ministry of Foreign Affairs) to unauthorised persons by “twisting facts to achieve their ulterior motives and personal gains in a manner prejudicial to the interests of state security”.

The case was registered after an American news outlet The Intercept recently published what was claimed to be the contents diplomatic cable which had reportedly gone missing from Imran’s possession.

Imran, who was interrogated by the FIA, in Attock jail where he is incarcerated after his conviction in the Toshakhana case, has persistently claimed he was ousted from office last year under a “US conspiracy”. The PTI alleges that cipher contained the threat from the United States to oust Imran from power. Imran had since walked back on that narrative.

On Sunday, a local magistrate in Islamabad had remanded Qureshi in FIA custody for a day.

The following day, the special court had handed over the PTI leader to the FIA on four-day physical remand.

The court had declared the proceedings as in-camera and directed the prosecution to produce Qureshi on August 25 (today).

In line with the court’s directives, Qureshi was presented before the special court earlier today. His lawyer, Advocate Shoaib Shaheen, told reporters after the hearing concluded that the court had extended Qureshi’s physical remand by another three days.

Shaheen termed the cipher case a “political case” and insisted that the diplomatic cable was with the Ministry of Foreign Affairs. He said that the PTI cabinet had decided to declassify the cipher and also decided to put it before the National Security Committee (NSC), where it was decided to send a demarche to the US envoy.

He said that a second meeting of the NSC, this time chaired by ex-premier Shehbaz Sharif, had reaffirmed the decisions taken during the previous meeting. He also noted that Shehbaz, on the floor of the National Assembly, said that an inquiry would be launched into the matter.

“But a probe was not carried out nor was any action taken,” he lamented. He said that Shehbaz and the Pakistan Democratic Movement (PDM) parties were the beneficiaries of this “interference”.

“Those involved in the case have been the complainant in the case … and those who defended the country’s interests, they are [being labelled] criminals,” the lawyer said.

Special court extends Qureshi’s physical remand in cipher case for another 3 days

PTI leader's lawyer says cipher case a “political case”.

www.dawn.com

 

[ghazi52]

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Cypher hearing conducted in Attock Jail for Imran’s safety: judge​

CORRESPONDENT

Special court judge Abul Hasnat Zulqarnain says decision taken to avoid any untoward incident



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[ghazi52]

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Special court extends Imran’s, Qureshi’s judicial remand in cipher case till Sept 26​

Trial against PTI chief resumes in Attock jail after fresh notification from law ministry a day ago.

 

[ghazi52]

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Special court rejects Imran, Qureshi’s bail pleas in cipher case​

Asad Umar's pre-arrest bail was confirmed earlier in the day.

 

[ghazi52]

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Cipher case: IHC to hear Imran’s bail plea on Monday​

• IHC Chief Justice Aamer Farooq will preside over the proceedings

BR
September 23, 2023

 

[Haldorss]

It's hard to tell who is the best for Pakistan from the outside.

 

[ghazi52]

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Special court extends Imran’s, Qureshi’s judicial remand in cipher case till Oct 10​

Ex-foreign minister presented in cuffs at special court in Islamabad; lawyer Latif Khosa says Imran doesn't want to be moved to Adiala.

 

[ghazi52]

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Imran’s bail plea in cipher case to be heard in open court, IHC says​

Proceedings to be made in-camera when "sensitive info" discussed; IHC moved against trial in Adiala Jail; cipher case hearing adjourned till Oct 9.

 

[ghazi52]

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Cipher case: special court adjourns indictment of Imran, Qureshi​

• Imran and Shah Mahmood Qureshi were expected to be indicted in the case today

BR
October 17, 2023

The special court adjourned on Tuesday the indictment of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi in the cipher case, Aaj News reported.

Special Court Judge Abul Hasnat Zulqarnain began the in-camera hearing at Rawalpindi’s Adiala Jail.

The judge decided to adjourn the hearing till next week and only distributed copies of the charge sheet among the suspects.

The case in question is related to “misuse” of alleged contents of a diplomatic cipher, cited by ex-premier Imran as proof of an attempt to remove his government.

IHC rejects Imran Khan’s plea against jail trial

On Monday, the Islamabad High Court (IHC) rejected the former PM’s plea against his jail trial in the cipher case.

IHC Chief Justice Aamer Farooq announced the reserved verdict. Disposing of the plea, the high court directed the former prime minister to approach the special court.

In its verdict, the IHC said that the jail trial was “in favour” of Imran keeping in mind security-related matters.

The bench also mentioned that Imran had voiced his reservations relating to his security “numerous times”. He added that if the PTI chairman has reservations about the jail trial, he may approach the trial court.

Cipher case background

A case was registered against Imran and PTI leader Qureshi under Sections 5 and 9 of the Official Secrets Act, 1923.

According to the copy of the FIR registered on August 15, consequent upon the conclusion of inquiry No 111/2023 upon the complaint registered in the Counter Terrorism Wing (CTW), FIA, it transpired that former prime minister namely, Imran Ahmad Khan Niazi, former foreign minister namely, Shah Mahmood Qureshi, and their other associates are involved in the communication of information contained in the secret classified document (cipher telegram received from Parep Washington dated March 7, 2022, to secretary Ministry of Foreign Affairs) to the unauthorised persons (i.e., public at large) by twisting the facts to achieve their “ulterior motives” and personal gains in a manner prejudicial to the interests of state security.

 

[ghazi52]

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IHC stays trial court proceedings against Imran in cipher case​

Judge questions "extraordinary circumstances" that led to trial being conducted in the current manner..

The Islamabad High Court on Tuesday halted proceedings against PTI Chairman Imran Khan in the cipher case, stressing the need for the court to be informed about the “circumstances” that prompted the trial to be conducted in jail.

The IHC division bench, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, passed the orders on the ex-premier’s intra-court appeal against a single-member bench’s decision that had approved Imran’s jail trial.

The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.

The former premier and his aide Shah Mahmood Qureshi, who is also behind bars, were indicted in the case on Oct 23. They have pleaded not guilty.

The IHC has endorsed Imran’s indictment, disposing of his plea against the same, but had also instructed the special court judge to ensure a “fair trial”.

During the hearing today, PTI chief Imran Khan’s lawyer, Salman Akram Raja, and the Attorney General Mansoor Awan were present in the court.

At the outset, Awan informed the bench that the federal cabinet had approved Imran’s jail trial, adding that a copy of the relevant notification would be presented.

Justice Aurangzeb said the court would scrutinise the notification, questioning the “extraordinary circumstances” that led to the trial being conducted in its current manner. “We want to know the actual events; you have to inform us,” the judge observed.

The court also sought clarification on the reasons behind the federal cabinet’s approval of the jail trial. “The most important question lies in determining the status of court proceedings preceding the cabinet’s approval,” Justice Aurangzeb asked.

The judge also referred to former Indian prime minister Indira Gandhi’s jail trial, saying, “It was conducted at Tihar Jail where media was not allowed. Similar to that scenario involving a former premier, this case also involves the ex-PM.”

After the arguments, the court sought a reply from the attorney general and adjourned the hearing.

Trial court proceedings​

Earlier today, Special Court (Official Secrets Act) Judge Abual Hasnat Zulqarnain presided over the hearing of the cipher case conducted at the Adiala district jail.

Prior to the hearing, the PTI leaders’ legal teams and relatives as well as the FIA’s team reached jail.

Barrister Salman Safdar, Umair Niazi, Sikander Zulqarnain and Khalid Yousuf Chaudhry appeared as Imran’s counsels while Barrister Taimur Malik and Faiza Shah were among Qureshi’s lawyers.

Zulfiqar Abbas Naqvi and Shah Khawar were among the prosecutors who appeared before the trial court.

Limited family members of both the accused were allowed to attend the hearing today as they were permitted to do so during the previous hearing.

The former foreign minister’s daughters Gauhar Bano and Mehr Bano, as well as the ex-premier’s sisters Aleema Khan, Dr Uzma Khanum and Naureen Khanum, reached the Adaila Jail to attend the hearing.

Talking to media after the six-hour-long hearing, Qureshi’s lawyer Barrister Malik said statements of two witnesses, including an official of the Foreign Office, were recorded in the court.

He said the defence team requested that they be provided the FO’s transcript issued on April 25 last year. “We have asked the judge to provide us copies of all the documents submitted as case record,” Malik added.

He said the hearing was subsequently adjourned till Friday.

 

[TNT]

The official secrets act 2023 iyswlf is illegal, the president clearly said he never signed them and sent them back. The Constitution has been broken. The whole cou, its laws and constitution is even worthless than the paper its written on. This banana republic is a lawless shithole full of hypocrite zombies.

 

[SaadH]

The official secrets act 2023 iyswlf is illegal, the president clearly said he never signed them and sent them back. The Constitution has been broken. The whole cou, its laws and constitution is even worthless than the paper its written on. This banana republic is a lawless shithole full of hypocrite zombies.

The civil society libtards and defenders of democracy and rule of law are conspicuously missing since April 2022.

 

[ghazi52]

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Cypher trial against Imran, Qureshi to be concluded in a month: IHC​

Court instructs jail authorities to ensure dignity of accused is upheld during this period

News Desk
November 15, 2023

A file photo of ousted premier Imran Khan and former interior foreign Shah Mahmood Qureshi. PHOTO: EXPRESS/FILE

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The Islamabad High Court (IHC) issued a directive on Wednesday for a transparent trial to be concluded within four weeks in the diplomat cypher case involving former prime minister Imran Khan, former foreign minister Shah Mehmood Qureshi, and others.

In a written order, Chief Justice Aamer Farooq instructed the superintendent of Adiala Jail to ensure the dignity of the accused is upheld during this period. The court firmly rejected Qureshi’s plea to halt the indictment proceedings against him.

The ruling clarified that the trial within the jail premises does not imply an in-camera trial but rather an open one, with a commitment to maintaining the respect and dignity of the accused.

The court directed the jail authorities and the government to ensure the maximum participation of the public while also guaranteeing the security of the accused.

The court emphasised that Imran Khan, as the leader of a major political party, is undergoing a jail trial due to security concerns, and his family has previously voiced apprehensions about security.

The written judgement highlighted that conducting every hearing from the jail to the court may pose security risks for PTI Chairman Imran Khan. However, the proceedings cannot be deemed null and void solely on the basis of being held in a different location unless a failure in the provision of justice is evident.

Earlier in the day, the IHC had rejected a bail application in the cypher case by Qureshi. Justice Aamer Farooq, who presided over the bail plea, had previously reserved the verdict.

On Tuesday, the IHC had suspended the in-prison trial of Imran and Qureshi in the case by a special court established under the Official Secrets Act (OSA).

A two-member bench, consisting of Justice Miangul Hasan Aurangzeb and Justice Suman Rifat Imtiaz, also summoned the complete record of the jail trial within two days. The court stated that allowing only a few family members to attend the hearing did not classify it as an open court hearing.

 

[Menace2Society]

It's hard to tell who is the best for Pakistan from the outside.

Hard to tell?

Looters, gangsters and murderers are back in power.

These cockroaches would sell the country down the drain to save their own a*ses.

 

[ghazi52]

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IHC halts Imran Khan’s cipher case trial in jail​

The Frontier Post

ISLAMABAD : The Islamabad High Court on the appeal of former prime minister and PTI Chairman Imran Khan has issued a stay order against his cipher case trial in Adiala Jail.

A divisional bench consisting of Justice Miangul Hasan Aurangzeb and Justice Taman Rift conducted the hearing on Tuesday.

The court adjourned the hearing of the case till November 16, Thursday.

The court also summoned all the records based on the reasons for the jail trial while also rejecting the request of the Attorney General not to issue an injunction.

The development came after the caretaker federal cabinet on Monday approved the jail trial of the former prime minister and PTI Vice Chairman Shah Mahmood Qureshi in the case.

During the hearing, Justice Miangul Hasan inquired that the court wants to know what are the unusual circumstances that this trial is being conducted in this way. “You have to tell us what actually happened,” the judge asked.

The Attorney General said that he would take the records from all the relevant institutions and place them before the court.

On this, Justice Miangul Hasan said that apparently, it seems that the three notifications (issued for the approval of jail trial) are not in accordance with the relevant rules of the High Court.

The court asked the Attorney General that when and under what circumstances was it decided that there would be a jail trial. There are many questions that need to be answered, the court said.

The court further said that the federal cabinet approved the prison trial two days ago, what were the reasons that the federal cabinet approved the prison trial?

Later, after hearing the arguments of the parties, the court issued an injunction on the jail trial of Imran Khan in the cipher case and stopped the hearing of the case in the jail until November 16.

Meanwhile, talking to media, PTI chairman’s lawyer Salman Akram Raja said that their plea was basically against the jail trial. He said that it was the basic constitutional demand to hold an open trial where everyone especially media should be allowed to see what is going on.

He said that the federal cabinet approved cipher case jail trial only yesterday. If this was the case then how can the trial be held in jail until today and how the challan was submitted and the charges framed?

The PTI lawyer further said that if the high court rules against the jail trial, then all the previous court proceedings held up until now should be quashed and a fresh start has to be made.

After the order of the Islamabad High Court regarding halting of cipher case trial in jail, the special court adjourned the hearing of the case till Friday.

Special Court Judge Abul Hasnat Zulqarnain on Tuesday conducted the hearing of the case registered against former premier Imran Khan and former foreign minister Shah Mehmood Qureshi under the Official Secrets Act.

However, earlier today, the trial court recorded complete statement of a witness, Ashraf, and initial statement of another witness, Haseeb bin Aziz.

Separately, the Islamabad High Court has reserved its judgement on PTI Chairman Imran Khan’s petitions seeking restoration of his bail pleas in NAB cases.

The case was heard by IHC Chief Justice Aamer Farooq and Justice Tariq Mehmood Jehangiri.