FIA prosecutor Hamid Ali Shah informed the Islamabad High Court that ex-prime minister Imran Khan was well aware of the importance of the cipher, but did not take adequate measures to protect it, thereby increasing the possibility of it being compromised.
During the hearing on Monday, Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb reviewed the appeals of PTI founder Imran Khan and former foreign minister Shah Mehmood Qureshi in the cipher case. The FIA prosecutor emphasized that the primary objective of cipher security is to prevent unauthorized individuals from accessing it.
He also highlighted that the cipher document is classified and should be destroyed after six months, with strict measures in place for disposal even after declassification. Following the NSC decision on March 31 to issue a demarche to the United States, the cipher process was completed, requiring its return to the Foreign Office. All cipher copies, except the one in possession of the PTI founder, were returned and properly disposed of.
The chief justice inquired whether the accused could provide a defense without legal representation, questioning how it would affect the accused’s statement. The prosecutor responded by stating that legal representation was not mandatory for the defense statement under Section 342.
The chief justice then inquired about the possibility of charging the accused with both deliberate and negligent loss of the cipher document. The FIA prosecutor explained that both charges would be pursued simultaneously, taking into account the different timelines of relevant actions.
When asked by the bench if Imran Khan was aware of the sensitivity of the cipher and accountability, the FIA prosecutor referred to the former premier’s public acknowledgment of the cipher’s significance. The prosecutor cited statements made by Imran Khan on various platforms where he emphasized the potential consequences of its leak.
Addressing concerns about the dissemination of the cipher, Shah highlighted the strict security protocols in place for its handling. He emphasized that any breach could jeopardize national security.
Regarding the involvement of ex-principal secretary Azam Khan, Shah clarified that although Azam Khan himself did not receive the document, it was handled by his staff. The prosecutor stated that Azam Khan admitted to receiving a cipher copy and subsequently passing it to then-prime minister Imran Khan.
He argued that it was an established fact that the former prime minister possessed a duplicate of the code, a point that was emphasized on various platforms. The prosecutor referred to statements made by the PTI founder on his YouTube channel, emphasizing the significance of the code and the potential consequences if it were to be leaked.
In response to the chief justice’s inquiry regarding the reliability of a YouTube conversation as evidence, the prosecutor reiterated that the PTI founder had acknowledged the importance of the code and the risk associated with its exposure.
Additionally, the advocate general of Islamabad filed a petition for the submission of an FIR and records pertaining to the alleged abduction of witness Azam Khan, which was approved by the court.
The case is scheduled for further discussion on May 8.
