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ISLAMABAD, (MANEND NEWS):The Islamabad High Court (IHC) directed former premier Imran Khan on Monday to approach the special court regarding in-prison trial of the cypher case lodged under the Official Secrets Act while observing that given security concerns a trial in prison would be in his favour.
IHC Chief Justice Aamer Farooq disposed of the Pakistan Tehreek-e-Insaf (PTI) chairperson’s plea opposing in-prison proceedings by the trial court.
In the written order, Justice Farooq observed that the PTI chairperson has expressed concerns regarding his security several times. There is no apparent malice in holding the trial in prison, noted the judge, directing Imran to approach the trial court if he has any security concerns.
During the hearing, Imran’s counsel Barrister Latif Khosa argued that the PTI chairperson was – at the time he waved the cypher at a public gathering – the country’s chief executive and the chief executive was granted powers under his oath in such situations.
Justice Farooq inquired whether there was any law in Pakistan as in the United States to declassify official documents.
At this, Barrister Khosa said that the federal cabinet had declassified this cypher. He then cited examples of the killings of former prime minister Liaquat Ali Khan, former president Zulfikar Ali Bhutto and former premier Benazir Bhutto, stating that what happened to these leaders was before everyone to see.
The petitioner’s counsel stated that this cypher was sent to the Foreign Office by Asad Majeed, then Pakistan’s ambassador to the United States. The massacre of Palestinians is on going in Gaza, he said, adding that we appear to have accepted America as a god-like superpower. Donald Lu threatened to have the prime minister of this country removed and Pakistan registered its protest over it, said Barrister Khosa.
He read out the prime minister’s oath before the court and stated that the premier is supposed to assess whether an act compromises the security of the country.
Barrister Khosa also read out the oath taken by ministers.
At this, the court inquired whether the counsel was implying that the premier could disclose such documents as per his assessment.
Yes, of course, the premier can disclose such documents if he deems it necessary, said the counsel. “If the Pakistan Democratic Movement wishes to remain subservient then that is there political weapon”.
The court restrained Barrister Khosa from naming any political party.
The defence recalled the National Security Committee’s meetings on the cypher and the decision to register diplomatic protest over the document. He then compared what had happened with Zulfikar Ali Bhutto to what was happening with Imran.
Barrister Khosa then referred to Azam Khan’s disappearance before his statement emerged and maintained that a former premier holds certain rights.
After the completion of Barrister Khosa’s arguments, IHC CJ Farooq noted that the arguments were centered around three points: immunity under Article 248, the premier’s discretion to disclose such documents and that Section 5 of the Official Secrets Act is inapplicable in this case.
The defence added that the cypher was declassified during the cabinet meeting, that the case is based on mala fide intent and that 10,000 PTI workers were arrested and over a 100 cases were lodged against Imran.
He further referred to the judgment delivered in the Toshakhana case and contended that the trial was not conducted properly.