ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder’s counsel, Tuesday, concluded his arguments in appeals of former Prime Minister Imran Khan and former foreign minister Shah Mahmood Qureshi against their convictions in the cipher case.

A special bench of the Islamabad High Court (IHC) comprising Chief Justice of IHC Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb conducted hearing in the appeals moved against the convictions in the cipher case.

During the hearing, Salman Safdar advocate, representing the PTI leaders, stated that the cipher was in the custody of Azam Khan as he received the cipher. He added that it is said that the cipher copy issued to the principal secretary was not returned.

He contended that therefore, the entire responsibility of the copy of the cipher was on Principal Secretary Azam Khan and it was his primary duty to protect the copy.

At this, the IHC chief justice asked what Azam Khan received in the official movement would not be considered the responsibility of the prime minister. Safdar replied that if Azam Khan had received it, it was also his responsibility to return it.

Justice Aamer asked Safdar that did Azam Khan give him a copy. What is your position? Did the prime minister take it or not? Barrister Safdar said that his position is that the cipher’s copy was lost from the Prime Minister’s Office and this is what Azam Khan said. He added that when the cipher’s copy was not found, the Foreign Ministry was informed.

He further said that according to the mechanism, if the cipher is lost it is necessary to report to the Ministry of Foreign Affairs which happened on March 28 and according, to the mechanism, the departmental inquiry has to be done by the senior officers of the Ministry of Foreign Affairs, which did not happen.

Justice Miangul Hassan asked that are you saying that there is nothing on record that the cipher’s copy was handed over to him. Safdar replied that yes; that is exactly his point.

The counsel argued that Azam Khan, a 22-grade top officer of the bureaucracy of this country, went missing, filed an FIR, came back without giving any reason, and became a witness (the accused), what will be the status of his statement. He added that apart from this case would you not open a floodgate for future cases.

Salman contended that there is nothing like that on the record that the cipher copy was handed over to the prime minister of that time, but the copy was handed over to Azam Khan.

Justice Miangul Hassan expressed his surprise that why this charge of “negligence or deliberate loss” was not levelled on Azam Khan.

Khan’s lawyer argued that according to the mechanism provided to all the secretaries of the Establishment Division from 2021 in the matter of secret documents, they had informed the Ministry of Foreign Affairs about the loss of the cipher’s copy on March 28, 2023. He further said that the ministry should have to conduct a departmental inquiry but they did not do it and then, they had to inform the IB but they did not tell them either.

The IHC bench said that the security of the cipher demands that no one can see it, asking has anyone seen that cipher. The counsel replied that no, even he did not see it and no witness said anything about its text. He added that the Ministry of Foreign Affairs has left space for human error regarding loss of cipher and according to the rules, if a document is lost; it is not a criminal act. He maintained that Azam Khan did not protect the cipher document properly and the PTI founder cannot be held responsible and a former prime minister cannot be punished for any human error.

In response to queries from the bench, the Federal Investigation Agency (FIA)’s lawyers elaborated on the timeline of events surrounding the receipt and transmission of the cipher. They highlighted the protocols in place for the preservation of official documents and emphasised the gravity of their disappearance.

Later, the bench deferred hearing of the case till Wednesday (today) for further proceedings.

Copyright Business Recorder, 2024