Islamabad High Court also acquits Qureshi in much-hyped cipher case. In another two cases related to long march vandalism, Imran, Qureshi acquitted by Islamabad district and sessions court. FIA prosecutor skips court hearing. IHC transfers Imran, Bushra Iddat case to another court on judge’s request. Despite big relief, Imran, Qureshi will stay in jail. Very soon nation will see Imran Khan will be out of jail: Gohar.

ISLAMABAD   -  Islamabad High Court (IHC) on Monday acquitted founder of Pakistan Tehreek-e-Insaf (PTI) and former foreign minister Shah Mahmood Qureshi in the much-hyped cipher case while terminating their imprisonment sentences.

IHC Chief Justice Aamer Farooq pronounced the short order in the appeals of both two accused persons.

The division bench comprising the CJ and Justice Miangul Hassan Aurangzeb heard the case. During the hearing, the court expressed concern over the absence of Federal Investigation Agency’s (FIA) prosecutor in the courtroom.

The FIA had submitted the case challan having the reference of 27 witnesses with the court on September 30, declaring the PTI founder and Qureshi as main accused. It was alleged that the PTI founder had misused the cipher for his political benefits.

The trial court had announced 10-year jail terms to both the PTI founder and Shah Mahmood Qureshi on January 30 this year, which was challenged by the latter before the IHC.

In its short order, the bench stated that for the reasons to be recorded later, instant appeal is allowed and judgment dated 30.01.2024 is set aside; consequently, the appellants namely Imran Khan and  Shah Mahmood Qureshi are acquitted of the charges in case FIR No.06 dated 15.08.2023 under section 5/9 of Official Secrets Act, 1923 read with section 34 PPC, 1860 registered with Police Station Counter- Terrorism Wing/FIA, Islamabad. It added, “He shall be released forthwith, if not incarcerated in any other case.”

However, they are not expected to release as due to Khan’s sentence in Iddat case while Qureshi is arrested in cases related to May 9 protests.

Earlier, a 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 appointed a state counsel for them.

Then, Imran and Qureshi moved the petitions through their counsels Barrister Ali Zafar, Salman Safdar Advocate and others and cited the State and Chairman National Accountability Bureau (NAB) and Secretary Interior as respondents.

Khan and Qureshi have challenged the conviction and their 10-year sentence each in the cipher case. Khan and Bushra Bibi filed appeals against their conviction in the Toshakhana reference in which they were sentenced to 14 years’ imprisonment each and a Rs1.54 billion fine.

Imran’s counsel stated in the petition that the appellant along with the co-accused, Shah Mehmood Qureshi, faced trial in Case FIR No.06/23 dated 15.08.2023 (“Cypher Case”) under Sections 5 and 9 of the Official Secrets Act, 1923 read with Section 34 of the Pakistan Penal Code (PPC), 1860. The Appellant was arrested on 15.08.2023 and is aggrieved with the conviction-and sentence awarded in the instant case through judgment dated 30.01.2024 passed by Abu-al Hasnat Muhammad Zulgarnain, Special Judge (Official Secrets Act, 1923), Islamabad.

 Therefore, he prayed that the judgements passed by the NAB authorities and Special Judge in jail trials of Toshakhana and Cypher cases be set aside, they be acquitted from charges and their sentence and conviction may be suspended.

Separately, the IHC also accepted District and Sessions Judge Shahrukh Arjumand’s request for the transfer of the Iddat case to another court after complainant Khawar Fareed Maneka had requested Arjumand to recuse himself from hearing the appeals.

Last week, an Islamabad district and sessions court did not announce its already reserved verdict in the Iddat caseagainst Imran Khan and his spouse Bushra Bibi.

While the verdict was expected to be pronounced last week, Judge Arjumand had sought a transfer of the case and said that he would not be announcing the judgment. On Monday, after Judge Arjumand had written a letter to the IHC chief justice to transfer the case, the court transferred the case to the court of Additional District and Sessions Judge Muhammad Afzal Majoka.

‘Wave of fresh air’

While talking to reporters, PTI leader Barrister Gohar Ali Khan said: “The nation saw today that the just verdict came and the banner of justice was held high and that baseless case was eliminated in which Imran Khan spent around 10 months in jail and for which he was kept in jail all the time. Today is a day of happiness … very soon the nation will see that Imran Khan will be outside.”

Senate opposition leader Shibli Faraz said God had vindicated the PTI duo, adding that the verdict came as a “wave of fresh air” and that the party hoped that its other case of the reserved seats in the Supreme Court would also be granted justice.

PTI Senator Barrister Ali Zafar while talking to a private TV channel said that the verdict was a victory for justice, even if it was delayed due to the prosecution’s tactics.

“The decision is as per justice and was expected. It was hoped that the decision would be exactly this,” he said. Zafar added that the verdict proved the PTI’s stance that the cipher case was a “false one” and said the government should seek forgiveness from Imran for imprisoning him in jail for an “illegal and wrong case”.

Imran’s counsel, Barrister Salman Safdar, said the state had “badly failed” in proving its case and even its prosecutors had abandoned the case. “Hats off to the honourable judges. It was a case of first impression. Imran Khan and Shah Mahmood Qureshi did not do any anti-state activity,” he said.

He also lauded the two leaders for their patience and forbearance in the case and for not pestering the legal team about questions of release. Safdar said the cipher case was the most important and serious one yet, adding that Imran’s release was near.

“The high court declared today that there was no traitor here whose case was being heard. Whatever Imran Khan did was in the national interest.”

A statement issued by the PTI requested the judiciary that the “false cases” against all political prisoners be dealt with as soon as possible and they should be released from jail.

Speaking in the Khyber Pakhtunkhwa Assembly, KP Chief Minister Ali Amin Gandapur said someone should be answerable for keeping Imran behind bars given that the cipher case was discarded.

“Who is responsible for this? Who made this case?” he asked while addressing the provincial assembly, adding that he would hold the people who filed the case accountable.

Expressing relief, a spokesperson for Khan’s PTI, Naeem Panjutha, announced the overturning of the sentence on X social media platform.

‘Long march vandalism’

Imran Khan and Shah Mahmood Qureshi Monday were also acquitted by a district and sessions court in Islamabad in two cases related to the long march vandalism.

Their acquittal pleas — alongside those filed by ex-PTI leader Asad Umar as well as party’s existing politicians Ali Mohammad Khan and Murad Saeed — were approved by Judicial Magistrate Ehtesham Alam.

Both Umar and Ali appeared before the court and marked their attendance.

The cases against Khan and his party’s leaders were filed in the Golra police station.

The development comes two weeks after the PTI founder and other leaders of his party were acquitted in similar cases registered in the Kohsar and Karachi Company police stations for violation of Section 144.

Other leaders of the party who were acquitted on May 20 included Zartaj Gul, Ali Nawaz Awan, Faisal Javed, Shah Mahmood Qureshi, Qasim Suri, Raja Khurram Nawaz, Shireen Mazari, Saifullah Niazi, Asad Umar and Awami Muslim League chief Sheikh Rashid Ahmad.

On May 30, a district and sessions court of Islamabad had also acquitted Khan in two cases related to the May 9 riots.

“Because of insufficient evidence presented by the prosecution, the PTI founder has been acquitted,” the district and sessions court said in its verdict.

The cases were registered against the PTI founder for long march and violation of Article 144.

Khan remains behind bars in Adiala jail since August 2023, while several current and former politicians of his party are facing various allegations in the cases related to the violence following his arrest on May 9.

Islamabad High Court (IHC), on May 16, had also approved PTI founder’s bail petition in the £190 million National Crime Agency (NCA) settlement reference, but he has been arrested in other cases as well.