Cipher case
\nRequests apex court to turn the plea into an appeal, argues that the IHC verdict is \u201cnot sustainable in the eyes of law\u201d
\n Islamabad
\nThe federal government on Thursday challenged PTI founder Imran Khan and former foreign minister Shah Mahmood Qureshi\u2019s acquittals in the cipher case before the Supreme Court.
\nThe cipher case pertains to a diplomatic document that the Federal Investigation Agency\u2019s (FIA) charge sheet alleges was never returned by then-PM Imran, who long held that the document contained a threat from the US to topple his government.
\nA special court, established under the Official Secrets Act, had handed both Imran and Qureshi 10-year jail sentences each in the case in January after Judge Abual Hasnat Zulqarnain appo\u00adinted a state counsel for them.
\nLast week, Islamabad High Court (IHC) Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb had acquitted the duo after accepting the appeals of the former premier and diplomat against their convictions in the case.
\nThe judgement was criticised by the government, which claimed that the IHC did not examine the case in the context of \u2018national security\u2019.
\nIn a press conference, PM\u2019s spokesman for legal affairs Barrister Aqeel Malik said the prosecution would decide to file an appeal against the IHC verdict.
\nThe verdict was challenged in a petition today to the apex court through the interior secretary that prayed for the leave to appeal to be granted and for the plea to be turned into an appeal in the \u201cbest interest of justice\u201d.
\nThe petition argued that the IHC order was \u201cperverse, arbitrary and contrary to the material available on the record\u201d and thus liable to be set aside.
\nIt argued that the Official Secrets Act (OSA), 1923 did not provide the provision of filing an appeal against the judgment of the special court judge and that the IHC did not \u201cappreciate\u201d that it lacked the jurisdiction or power to create rights which were not provided by the Constitution or a validly enacted law.
\nThe petition said that the act did not say that the provisions of the Pakistan Criminal Law (Amendment) Act, 1958, would be applicable for filing an appeal.
\n\u201cIt is an established principle of law that where the legislature has not provided something in the language of the law, the court cannot travel beyond its jurisdiction and read something to the law as the same would be ultra vires the powers available to the court under the constitution and would constitute an order without jurisdiction,\u201d it argued.
\nIt further said that the special law would have an overriding effect on the general law and thus the criminal procedure code was not applicable in the case of those tried for offences under the OSA.
\n\u201cThe conduct of the respondents was non-cooperative throughout the trial and they made very possible efforts to delay the proceedings. The record of the trial court is evidence of the fact that 65 miscellaneous applications were moved by the respondents were heard and decided by the trial court.
\n\u201cThe matter was number of times adjourned on the request of the respondents or their counsels. The witnesses remained present in the court but their cross-examination was not carried out by the defence counsels. The learned trial court appointed the defence counsels on the expense of the state, who had completed the trial. The respondents tried to defeat the cause of justice by indefinite procrastination,\u201d the petition said, adding that these aspects were not considered by the IHC.
\nThe plea reasoned that it was a \u201csettled principle of law\u201d that if a court came to the conclusion that a trial was not carried out fairly then the \u201conly way out provided under the law is to remand the matter to the trial court for giving proper opportunity\u201d.
\nIt said the prosecution had produced \u201coverwhelming evidence\u201d in support of its case and the admission by the accused was \u201csufficient to establish the case beyond any shadow of doubt\u201d.
\n\u201cProsecution has produced the documentary evidence along with its forensic analysis through reliable and confidence inspiring evidence which were not negated during the course of the cross-examination but this aspect has not been appreciated by the honourable division bench of IHC, while acquitting the respondents, as such the impugned judgment is not sustainable in the eyes of law.
\n\u201cThat the impugned judgment\/short order does not reflect any ground of acquittal of the respondent, even it is not observed that the prosecution has failed to prove its case beyond any shadow of doubt.
\n\u201cThat with utmost respect it submitted that the IHC has not appreciated the evidence available on the record as well as the admission of the accused, while acquitting the respondents, as such the impugned judgment is not sustainable in the eyes of law,\u201d the plea concluded.<\/p>\n","protected":false},"excerpt":{"rendered":"
Cipher case Requests apex court to turn the plea into an appeal, argues that the IHC verdict is \u201cnot sustainable in the eyes of law\u201d Islamabad The federal government on Thursday challenged PTI founder Imran Khan and former foreign minister Shah Mahmood Qureshi\u2019s acquittals in the cipher case before the Supreme Court. The cipher case […]<\/p>\n","protected":false},"author":2,"featured_media":412695,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-412673","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-top-news"},"yoast_head":"\n