The Federal Investigation Agency (FIA) has requested that the appeal challenging the conviction of Imran Khan and Shah Mehmood in the cipher case be deemed inadmissible.
The Islamabad High Court, presided over by Chief Justice Amir Farooq and Justice Mian Gul Hasan Aurangzeb, heard arguments from both sides regarding this matter.
During the hearing, FIA Prosecutor Hamid Ali Shah argued that the appeal should be declared inadmissible. He claimed that according to the Official Secrets Act, there is no provision for appeal, and even the Criminal Procedure Code (CRPC) remains silent on this issue. Additionally, FIA objected to the appeal being heard by a two-member bench.
Chief Justice Amir Farooq acknowledged the objections but emphasized that adherence to the High Court Rules alone wouldn’t suffice. Imran Khan’s lawyer, Salman Safdar, countered these objections, highlighting that objections were previously raised against the appeal’s hearing, yet the court allowed it.
Responding to the court’s queries, Safdar reiterated that the CRPC should indeed apply to the Official Secrets Act. However, the court decided to address the main objection raised by the FIA first before proceeding further.
Chief Justice Farooq stressed the importance of ensuring that no one is denied legal recourse, while also acknowledging the need to carefully consider the prosecution’s concerns. The court adjourned the hearing to allow for detailed arguments on the admissibility of the appeals.
