In a significant development, the Islamabad High Court (IHC) on Monday acquitted PTI founder Imran Khan and former Foreign Minister Shah Mahmood Qureshi in the cipher case.
Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb announced the verdict after accepting the appeals filed by the former prime minister and the diplomat against their convictions in the case.
However, despite the acquittal, both Imran and Qureshi are not expected to be released from prison. Imran is serving sentences in the Toshakhana and Iddat cases, while Qureshi has been arrested in recent May 9 cases.
The special court, established under the Official Secrets Act, had previously sentenced both Imran and Qureshi to 10-year jail terms each in the cipher case in January. This verdict came after Judge Abual Hasnat Zulqarnain appointed a state counsel for them.
The cipher case revolves around a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by then-Prime Minister Imran. He had contended that the document contained a threat from the US to topple his government.
Case History
Imran and Qureshi were first indicted in the case in October, with both pleading not guilty. The IHC had deemed the government’s notification for a jail trial as “erroneous” and nullified the entire proceedings.
The special court had restarted the cipher trial afresh last month at the Adiala district jail after Imran and Qureshi were indicted for a second time in the case on December 13.
Following this, the Supreme Court approved the post-arrest bails of Imran and Qureshi on December 22. However, Imran remained incarcerated in other cases, while Qureshi’s expected release was stalled as he was re-arrested in a fresh May 9 case.
Subsequently, Justice Miangul Hasan Aurangzeb temporarily halted the special court from proceeding against the suspects, including Qureshi, until January 11, citing “legal errors” in the case.
The stay order on the in-camera trial was lifted earlier this month after assurances from the state counsel that witnesses’ statements would be recorded afresh.
In the trial, witnesses including former principal secretary Azam Khan testified that the cipher never returned to his office. However, Imran claimed that the document was still with the Ministry of Foreign Affairs, and he received a rephrased version of the diplomatic cable.
The FIA prosecutor accused the defence of employing delaying tactics, prompting the court to appoint new defence counsel for Imran and Qureshi.
Imran had criticized the trial as a “joke”, alleging that both the prosecution and defence teams were affiliated with the government.
Despite Imran’s reluctance to appear before the judge, Qureshi attended the proceedings. The prison authorities permitted only three court reporters to cover the lengthy proceedings, which lasted over 13 hours.
