Imran, Bushra and Qureshi: FIA raises questions over maintainability of pleas

ISLAMABAD: The Federal Investigation Agency (FIA) raised questions over the maintainability of the appeals of former prime minister Imran Khan, his wife Bushra Bibi, and former foreign minister Shah Mahmood Qureshi against their convictions in the cypher and Toshakhana cases

A special bench of Islamabad High Court (IHC) comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb heard the appeals of former prime minister Khan, his wife Bushra Bibi, and former foreign minister Qureshi against their convictions in the cypher and Toshakhana cases.

During the hearing, the Federal Investigation Agency (FIA) prosecutor, Hamid Ali Shah, raised objections over the maintainability of the appeals. He argued that there is no provision for appeal under the Official Secrets Act, 1923, and the Criminal Procedure Code (CrPC) also remains silent on the matter. Additionally, the prosecutor contended that a two-member bench cannot hear the appeal and the matter should be fixed before a single-member bench. Replying to these objections, the lawyer representing the PTI founder, Salman Safdar, contended that it can never be possible in law that an appeal cannot be heard. He further claimed that the CrPC would indeed apply to the Official Secrets Act, allowing for an appeal. However, he acknowledged that the FIA’s objections needed to be addressed.

At that, Justice Hassan remarked that the FIA prosecutor raised a basic objection to the appeals. He added that the court will first hear this objection and decide.

The chief justice said it is true that no one can be left without a remedy. He emphasized on the importance of thoroughly considering both the prosecution’s objections and the arguments presented by the PTI founder’s lawyer. He noted that several issues of first impression had arisen in the case, indicating the complexity of the matter.

The IHC bench directed the PTI founder’s lawyer to provide detailed arguments addressing the objections raised by the FIA. Furthermore, the bench sought clarification on whether appeals filed by suspects were admissible or not. It further said that accepting the objection raised by the FIA would change the status of the appeal, however, it would not necessarily end the proceedings.

Later, the bench deferred the hearing directing both parties to further present their arguments in this connection.

In this matter, Khan, Bushra, and Qureshi moved the petitions through their counsels, Barrister Ali Zafar, Salman Safdar advocate and others and cited the State and National Accountability Bureau (NAB) chairman and the interior secretary as respondents.

Khan and Qureshi have challenged the conviction and their 10-year sentence each in the cipher case. Khan and Bushra Bibi filed appeals against their conviction in the Toshakhana reference in which they were sentenced to 14 years’ imprisonment each and Rs1.54 billion fine.

Khan’s counsel stated in the petition that the appellant along with the co-accused, Qureshi, faced trial in Case FIR No06/23 dated 15.08.2023 (“Cypher Case”) under Sections 5 and 9 of the Official Secrets Act, 1923 read with Section 34 of the Pakistan Penal Code (PPC), 1860. The appellant was arrested on 15.08.2023 and is aggrieved with the conviction and sentence awarded in the instant case through judgment dated 30.01.2024 passed by Abu-al Hasnat Muhammad Zulqarnain, Special Judge (Official Secrets Act, 1923), Islamabad.

It is contended that the prosecution improperly documented evidence in violation of the mandatory provisions outlined in the Criminal Procedure Code, 1898, and despite the repeated objections raised by the appellant, the trial court refrained from intervening. Barrister Zafar argued that both, Khan and his wife, were subjected to a sham trial where the courts were proceeding not only unfairly and with undue haste but also ignoring the very basic fundamental right of fair trial and due process.

Copyright Business Recorder, 2024