- FIA challenges IHC’s order issued on Jun 3 in cipher case.
- It says judgment doesn’t mirror any floor of acquittal.
- Agency says excessive courtroom lacked jurisdiction in the case.
ISLAMABAD: The Federal Investigation Agency (FIA) on Thursday moved the Supreme Court towards the acquittal of prime PTI leaders Imran Khan and Shah Mahmood Qureshi in the cipher case.
The Islamabad High Court (IHC) had on June 3 nixed the conviction of the jailed PTI founder and Qureshi in the notorious case containing prices of misusing and misplacing the categorized diplomatic doc.
The former prime minister and overseas minister have been sentenced to 10 years every in jail in the cipher case in January this 12 months, simply days earlier than the February 8 elections.
The diplomatic cable controversy first emerged on March 27, 2022, when Khan whereas addressing a public rally waved a letter earlier than the gang, claiming that it was a cipher from a overseas nation that had conspired together with his political rivals to have PTI authorities overthrown.
He didn’t reveal the contents of the letter nor did he point out the title of the nation it got here from. But just a few days later, he accused the United States of conspiring towards him and alleged that Assistant Secretary of State for South and Central Asia Affairs Donald Lu had sought his removing.
The former prime minister, claiming that he was studying contents from the cipher, stated that “all will be forgiven for Pakistan if Imran Khan is removed from power”.
In its petition submitted to the highest courtroom, the FIA stated that the excessive courtroom’s judgment is perverse, arbitrary, and opposite to the fabric out there on the file “as such liable to be set aside”.
The company stated that the IHC whereas passing judgment, didn’t respect that it lacks jurisdiction or energy to create rights, which aren’t offered by the Constitution or a validly enacted legislation.
“It was neither a case of casus omissus nor necessitated application of doctrine of reading in as no constitutional guarantees have been violated,” the petition learn.
The plea stated that the respondents — Imran and Qureshi — have been non-cooperative all through the trial and so they made “[e]very possible efforts to delay the proceedings”.
“The 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 defense counsels.”
The petition talked about that the prosecution produced documentary proof together with its forensic evaluation via dependable and confidence-inspiring proof which was not negated through the cross-examination, however this side has not been “appreciated by the Honourable Division Bench of Islamabad High Court, while acquitting the respondents”.
“…the impugned judgment does not reflect any ground of acquittal of the respondent[s], even it is not observed that the prosecution has failed to prove its case beyond any shadow of doubt.”
