Cipher case: Pakistan's special court allows in-camera trial of Imran Khan, his aide Qureshi

Islamabad, December 14

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A special court in Pakistan on Thursday accepted the country’s top investigative agency’s plea seeking an in-camera trial of jailed former prime minister Imran Khan and ex-foreign minister Shah Mahmood in the cipher case involving the alleged leaking of state secrets and violation of laws.

The special court on Wednesday once again indicted Khan, 71, and Qureshi, 67, in the cipher case, which is based on the allegation that a secret diplomatic document sent by the Pakistan embassy in March last year was mishandled by them and they violated the laws of the country.

On Thursday, the Federal Investigation Agency (FIA) urged Special Court Judge Abual Hasnat Zulqar­nain to allow the trial to be held in-camera, which he accepted, despite ruling last month that the proceedings would continue at the Adiala Jail but in an open court.

After hearing arguments, the judge said the next hearing would be heard in-camera, which he adjourned until Friday. He further ruled that family members of the suspects would be allowed to attend the hearing.

The FIA registered the cipher case on August 15 on the charges of violating the secret laws of the country. The FIA on September 30 filed the charge sheet against Khan and Qureshi who signed its copies.

The FIA invoked in the charge sheet sections 5 and 9 of the Official Secrets Act which may lead to a death sentence, or two to 14 years’ imprisonment if convicted.

Khan and Qureshi were initially indicted in the case on October 23. Both had pleaded not guilty.

The special court judge while hearing the case on December 4 had declared that fresh indictment was mandatory in the light of the Islamabad High Court judgment which declared all proceedings illegal after ruling against the jail trial on procedural grounds.

As a result of the judgment, the special court started fresh proceedings.

On Monday, the former premier challenged the process of his indictment in the cipher case in the Islamabad High Court, urging it to halt the proceedings till deciding on the petition.

Speaking to the media after Thursday’s hearing, Qureshi’s daughter Mehrbano Qureshi asserted that an open trial was the “requirement of justice”.

However, the National Accountability Bureau prosecutor Rizwan Abbasi said the FIA has filed a petition seeking an in-camera hearing of the case under section 14 (exclusion of public from proceedings) of the Secrets Act.

“If this matter was not secret, then there would not have been an FIR. How can a secret matter be made public?” Abbasi asked.

Meanwhile, the IHC dismissed Khan’s petition seeking an immediate stay order on the cipher trial, seeking reports from the respondents by December 20.

Justice Miangul Hasan Aurangzeb presided over the hearing, observing the court would review the plea once the parties had submitted their reports.

Khan was ousted through a vote of no-confidence in April 2022. More than 150 cases have been registered against him since his ouster from power.