‘No evidence that cipher was in Imran Khan’s custody’: Islamabad High Court

Islamabad High Court questions evidence in cipher case involving former PM Imran Khan, raising doubts on conviction.

In a fresh twist in the cipher case, the Islamabad High Court has observed that the Federal Investigation Age­ncy has nothing to prove that jailed former Prime Minister Imran Khan retained the confidential diplomatic cable and it went missing from his possession.

An Islamabad High Court (IHC) Division Bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurang­zeb, who on Tuesday resumed hearing appeals filed by 71-year-old Mr. Khan and his then Foreign Minister Shah Mehmood Qureshi against their conviction in the cipher case, questioned whether on not there was any record available with the prosecuting agency to prove that the jailed former premier retained the cipher.

Pakistan Tehreek-e-Insaf (PTI) founder Mr. Khan was sentenced to 10 years of imprisonment along with Mr. Qureshi in the cipher case in which the former Premier showed a piece of paper — allegedly a copy of a diplomatic cipher — at a public rally in Islamabad, claiming it as proof of a conspiracy against his government by a foreign power, referring to U.S. diplomat Donald Lu, who has been at the centre of the cipher controversy.

Mr. Khan had brandished the cipher paper just two weeks before the ouster of the PTI government in April 2022 through a vote of no-confidence.

Earlier, a Foreign Ministry report submitted by defence counsel Barrister Salman Safdar to the IHC containing details of the cipher’s distribution suggested that almost every recipient of the cipher, inc­l­u­ding the former army chief and the chief justice, returned the confidential document after a case was registered against Khan, Dawn News reported.

While special prosecutor Hamid Ali Shah explained the cipher movement from the Foreign Ministry to the PM Office, Justice Farooq asked: “Is there any record of the cipher’s movement that it was handed over to the prime minister by the principal secretary?” Shah replied that Azam Khan, the then-principal secretary, testified before the court that the cipher was handed over to the PTI founder and was never returned.

“We believe it’s hearsay,” remarked the chief justice, adding that there was a possibility that Khan had asked the secretary to return the cipher.