Pakistan: Imran Khan, Qureshi have no right to appeal against cypher case conviction, argues Federal Investigation Agency

The Islamabad High Court (IHC) witnessed a debate when the Federal Investigation Agency (FIA) challenged the right of former Prime Minister Imran Khan and ex-Foreign Minister Shah Mehmood Qureshi to appeal against their conviction in the cypher case, Pakistani newspaper Dawn reported.

During Monday’s session, the IHC, led by Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb, directed both parties to present their arguments regarding the appeals filed by Khan and Qureshi against their conviction under the Official Secrets Act.

According to Dawn, the FIA contended that the law did not afford the right to appeal against conviction under the Official Secrets Act, citing the absence of such a provision in the original legislation dating back to 1923.

Special Prosecutor Hamid Ali Shah underscored that while the law facilitated the trial under the Pakistan Criminal Law (Amendment) Act and the Code of Criminal Procedure, it did not extend the right of appeal beyond the trial proceedings.

Addressing Justice Farooq’s inquiry about the possibility of filing an appeal under the Criminal Procedure Code (CrPC), Shah clarified that the law remained silent on this matter, as per Dawn.

Furthermore, Shah argued that a two-member division bench lacked the jurisdiction to hear an appeal against conviction under the Special Secrets Act.

In response, Khan’s counsel, Barrister Salman Safdar, contended that the CrPC should be applicable in this scenario, while Barrister Syed Ali Zafar suggested that the convict could challenge the sentence under the writ jurisdiction if no legal remedy was available.

The bench agreed that the law could not be passed without any remedial measures.

Further hearings were adjourned to Wednesday (tomorrow).

In another development, the bench postponed the hearing of Khan and Bushra Bibi’s appeals against their conviction in the Toshakhana reference due to the absence of the lead prosecutor, who was on Umra pilgrimage in Saudi Arabia.

The hearing in this case was also adjourned to Wednesday.

Meanwhile, the District and Sessions Judge issued notices on the applications of Imran Khan and Bushra Bibi seeking suspension of conviction in the Iddat case.

Advocate Usman Gill argued that appeals had already been admitted and that the court had the power to suspend the sentence until the final adjudication of the matter.

He alleged that the PTI chief was living in a miserable condition in jail as part of “political victimisation”.

He further argued that the evidence produced by the prosecution was weak and contradictory.