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ISLAMABAD: A special court set up to hear cases registered under the Official Secrets Act, on Thursday, granted bail to former federal minister Asad Umar in the cipher case.

The special court judge, Abual Hasnat Muhammad Zulqarnain, while hearing Umar’s bail petition, confirmed Umar’s bail against surety bonds of Rs50,000. The judge observed that bail was confirmed on the prosecutor’s statement that there is no need for him, and there is no material against him.

Umar’s counsel Babar Awan and the Federal Investigation Agency (FIA) special prosecutor, Zulfiqar Naqvi, appeared before the court.

Umar’s counsel Babar Awan while resuming his arguments before the court said that he had a simple question for the prosecution, if they answered his question then he would start arguments. What investigation has so far been done against his client, he asked.

To this, the judge also asked the prosecution to inform the court what investigation has so far been done. Umar’s counsel told the court that his client had joined the investigation and also submitted his reply. The case was politically motivated and there was no evidence against his client, he said, adding that the FIA implicated his client in the cipher case to blackmail him.

He said that Umar was willing to join the investigation as and when required. He requested the court to grant bail to his client.

During the hearing, Umar came to the rostrum and told the court that the agency had summoned him last year in December and a month ago in the said case. The investigators questioned me for over two hours, he said, adding that joining the investigation FIA said that he has no role in the case. This is a politically-motivated case and aimed to pressurise me, he said.

The judge told the prosecution that if they wanted to conduct an investigation from Umar in the courtroom then do it, otherwise, case would be adjourned. “The bail petition of Umar, Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan and PTI Vice Chairman Shah Mahmood Qureshi will be decided today,” the judge said.

The associate of FIA prosecutor Shah Khawar told the court that Umar should have come to the FIA himself, the Investigating Officer (IO) should not have to visit him for investigation. The agency has yet to complete the investigation regarding the role of Umar in the cipher case, he said,

After hearing the arguments, the judge while writing its judgment said that according to the prosecution so far there is no evidence against Umar.

Umar has expressed a desire to join the investigation but the prosecution did not include him in the investigation, the judge said.

According to the judgment, according to the FIA’s investigation, the arrest of Umar is not required. “If Asad Umar’s arrest is required, the FIA will proceed according to law,” the judge ordered.

He also directed the FIA to inform the PTI leader in advance before arresting him in the case. The court approved Umar’s bail against surety bonds of Rs50,000.

Copyright Business Recorder, 2023

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