Prove cipher case or accused will get benefit of doubt, IHC tells prosecution
Source: The Nation
ISLAMABAD - The judge of Islamabad High Court (IHC) Justice Miangul Hassan Aurangzeb Monday remarked that the cipher case is not a civil case rather it is a criminal case and proceedings cannot be held on assumptions in this matter.
Raising questions over the text of cipher, he also remarked that the text of the cipher is neither in front of the judges nor the prosecution or the lawyers of the accused know it. He added that no one knows what is the text of the cipher but they are saying that the enemy has benefitted from it.
He made the remarks while a special bench of the IHC comprising Chief Justice of IHC Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb conducted hearing in the appeals moved by former prime minister Imran Khan, his wife Bushra, and former foreign minister Shah Mehmood Qureshi against their convictions in the cipher and Toshakhana cases. Justice Miangul Hassan said that this is not a civil case but a criminal case and they cannot go on assumptions as neither the cipher document nor its text is on record. He maintained that whether there has been misuse or twist of the cipher, the prosecution has to prove the case beyond reasonable doubt otherwise the benefit of doubt goes in favour of the accused. Imran Khan's lawyers including Salman Safdar and FIA prosecutor Hamid Ali Shah and Zulfiqar Abbas Naqvi were also present during the proceedings. The IHC Chief Justice raised questions over the absence of clarity regarding the cipher text. The PTI lawyers stressed upon the need for careful scrutiny of the case by highlighting discrepancies and missing links in the case. They argued that the original cipher remained within the confines of the Foreign Office, suggesting that the alleged misuse of the term "cipher" had led to a misunderstanding. On the other hand, the FIA prosecutor Hamid Ali Shah contended that the decoded ciphers were routinely destroyed and emphasized on the complexity of the case. Justice Miangul Hassan Aurangzeb asked that whether PTI founder Imran Khan had ever accessed the code. In response, lawyer Salman Safdar claimed that there had been no such access, firmly stating that the case did not fall within the jurisdiction of the FIA.