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 Tuesday, as a special court – established under the Official Secrets Act – adjourned the hearing till next week.
The hearing of the case was held at the Adiala jail in Rawalpindi wherein the copies of challans submitted by the Federal Investigation Agency (FIA) against the PTI leaders were provided to the accused.
Special court judge, Abual Hasnat Zulqarnain, who conducted the hearing, scheduled the indictment for the next week as the accused lawyers had refused to receive the copies of the challan during the last hearing.
The FIA special prosecutor, Shah Khawar, Imran Khan, Qureshi and their legal teams were all present in the courtroom during the hearing.
During the last hearing on October 9, the court issued copies of challans (charge sheet) submitted by the FIA against the PTI leaders and shared them with the accused, while their date of indictment was fixed to take place on Tuesday.
“The accused had refused to receive a copy of the challan at the previous hearing,” the FIA special prosecutor said.
After the charges are framed, the evidence of the prosecution is recorded and the case trial begins. Subsequently, the testimonies and statements of the accused are recorded by the court.
Speaking with journalists outside the Adiala jail before the hearing, PTI chief’s focal person on legal affairs, Umair Niazi, said that the copies of the challans were not provided in the previous hearing. He also said that the prosecution’s Section 14 plea was not allowed by the court.
“The hearing in the jail should not be in-camera and the media should have access,” he said, adding that this will be discussed today (Tuesday).
It should be noted that the Islamabad High Court (IHC), a day earlier, reserved its ruling on petitions filed by the PTI chief seeking post-arrest bail and quashing of the cipher case registered against him.
On August 18, the ousted premier was booked under the Official Secrets Act 1923 in the cipher case after the Federal Investigation Agency (FIA) invoked Section 5 of the said law. The diplomatic cable reportedly went missing from Imran’s possession. According to the former ruling party, the cable contained a threat from the US to topple the PTI’s government.
Imran is currently in Adiala jail on judicial remand in the cipher case. He was taken into custody after being sentenced to three years in prison in the Toshakhana case on August 5, 2023. Initially, he was kept in Attock jail but later he was moved to Adiala jail.
It is pertinent to mention here that the IHC on August 29 had suspended the sentence handed down to the PTI chairman in the Toshakhana case.
FIA prosecutor Khawar told journalists that the indictment proceedings will take place next Monday (October 23).
“On October 23, the charges will be framed and the indictment will be filed. After the indictment, the regular trial of the cipher case will begin,” he said.
Meanwhile, Imran Khan’s counsel, Sher Afzal Marwat, told journalists outside the Adiala Jail that the court said an indictment cannot be filed without providing copies of challan to the accused. He also said the hearing of the case in jail will be challenged in the court again.
Marwat also talked about the issue of jail facilities. “PTI chairman is kept in a cage-like room and his rights are being violated.” He lamented that attempts are being made to implicate Imran Khan in the May 9 incidents.
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