FIA questions maintainability of Imran, Bushra, Qureshi's appeals
Source: The Nation
ISLAMABAD - The Federal Investigation Agency (FIA) Monday raised questions over maintainability of the appeals of former prime minister Imran Khan, his wife Bushra, and former foreign minister Shah Mehmood Qureshi against their convictions in the cipher and Toshakhana cases.
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 of Imran Khan, Bushra, and Qureshi against their convictions in the cipher and Toshakhana cases.
During the hearing, FIA prosecutor Hamid Ali Shah raised objections over the maintainability of the appeals. He adopted the stance 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 this, Justice Miangul Hasan Aurangzeb 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 IHC Chief Justice said that 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.