The High Court has postponed the hearing on the appeal against the conviction of the founder of PTI and Shah Mehmood Qureshi in the cipher case until April 16. The Chief Justice noted that both sections 1C and 1D cannot warrant punishment.
Chief Justice Amir Farooq and Justice Mian Gul Hasan Aurangzeb presided over the case. PTI founder’s lawyer, Barrister Salman Safdar, and FIA Special Prosecutor Hamid Ali Shah were present in court.
At the onset of the hearing, Barrister Salman Safdar suggested that usually when one handles the main issue, there’s no need to delve into minor details. The Chief Justice countered, stating that since these sections are applicable, assistance to the court is necessary. Barrister Salman Safdar likened it to working during Ramadan and expecting to celebrate Eid before Eid.
Chief Justice Amir Farooq assured ample time for Hamid Ali Shah’s arguments, emphasizing the need to fulfill legal requirements regardless of upcoming events. Barrister Salman Safdar argued that Section 1C denotes negligence while 1D implies intentional loss, pledging support to the court regarding both.
The Chief Justice inquired whether the trial court had issued punishment under both 1C and 1D. Barrister Salman Safdar confirmed the punishment for both, prompting the Chief Justice to assert that punishment cannot be administered under both sections. He added that even if the allegation were true, a two-year sentence would be excessive.
Further discussion revolved around the process of returning the cipher copy within a year, with Barrister Salman Safdar referring to statements made by Shah Mehmood Qureshi. However, the court pointed out the absence of documented evidence supporting this practice.
As the proceedings continued, Special Prosecutor Hamid Ali Shah highlighted the sensitive nature of cipher working, while Barrister Salman Safdar referenced statements made by Foreign Secretary Sohail Mehmood regarding the lost cipher copy.
The court decided to adjourn the hearing until April 16, with Barrister Salman Safdar continuing his arguments during the next session.
