The indictment of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his party’s Vice Chairman Shah Mahmood Qureshi in the cipher case was deferred on Tuesday. T
he deferment took place as a special court, established under the Official Secrets Act, adjourned the hearing until the next week. The hearing, held at the Adiala jail in Rawalpindi, provided copies of challans submitted by the Federal Investigation Agency (FIA) against the PTI leaders to the accused.
The copies were provided after the accused lawyers’ refusal to receive them during the last hearing. The FIA special prosecutor, Shah Khawar, along with Khan, Qureshi, and their legal teams, were present in the courtroom during the hearing.
According to the FIA special prosecutor, the accused had previously declined to receive a copy of the challan during the last hearing. Following the framing of charges, the prosecution’s evidence is recorded, and the trial commences. Subsequently, the court records the testimonies and statements of the accused.
Ahead of the hearing, PTI chief’s focal person on legal affairs, Umair Niazi, highlighted the non-provision of the challans during the prior hearing. He also mentioned the disallowance of the prosecution’s Section 14 plea by the court. The IHC, a day earlier, reserved its ruling on petitions filed by the PTI chief seeking post-arrest bail and quashing of the cipher case.
In August, Imran was booked under the Official Secrets Act 1923 in the cipher case after the FIA invoked Section 5 of the said law. The diplomatic cable reportedly went missing from Imran’s possession, which the former ruling party claims contained a threat from the US to topple the PTI’s government. Imran is presently in Adiala jail on judicial remand in the cipher case.
Initially held in Attock jail, he was later transferred to Adiala jail. The IHC had earlier suspended the sentence handed down to the PTI chairman in the Toshakhana case. The FIA, in its charge sheet, stated that the former prime minister and vice-chairman were found guilty in the matter and requested the court to conduct their trial and sentence them in the case.
Asad Umar’s name was not included in the list of accused. However, Khan’s former principal secretary Azam Khan was named as a “strong witness” in the case. The FIA attached Azam’s statements, recorded under Sections 161 and 164, along with the challan.
The agency also submitted a list of 28 witnesses to the court with the challan after recording their statements under Section 161. Former foreign secretaries Asad Majeed, Sohail Mehmood, and the then additional foreign secretary Faisal Niaz Tirmizi were added to the list of witnesses.
The controversy, known as ciphergate, first emerged on March 27, 2022, when Khan, addressing a public rally, waved a letter, alleging it was a cipher from a foreign nation conspiring with his political rivals to overthrow the PTI government.
He accused the United States of plotting against him and claimed that Donald Lu had sought his removal. The matter was taken up by the National Security Committee, which issued a demarche to the US. However, the NSC later found no evidence of a foreign conspiracy. Audio leaks allegedly involving Khan and other party leaders were also part of the investigation.
The FIA, after being tasked with the probe, summoned Khan and other leaders. Despite the PTI chief’s challenge, the Lahore High Court recalled the stay order against the FIA’s call-up notice to Khan.
