Pakistan: Islamabad court rejects FIA's adjournment plea in cypher case

Islamabad [Pakistan], March 6 : The Islamabad High Court on Tuesday rejected the Federal Investigation Agency's (FIA) prosecutor's adjournment plea in the cypher case on the grounds that the bench was currently hearing the arguments presented by the defence lawyer representing Pakistan Tehreek-e-Insaf (PTI) founder chairman Imran Khan and it would not conclude in a day, Pakistan-based The Express Tribune reported.
During the hearing, FIA Special Prosecutor Hamid Ali Shah said that the paper books on the matter were not ready. IHC Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb were hearing the maintainability of the appeal filed by Imran Khan against the sentence given to him in the Cypher case.
Hamid Ali Shah said records had to be reviewed and time was needed to prepare the case. The prosecutor further said that any unnecessary adjournment would not be requested after the case had started. In the hearing, Justice Aurangzeb said that the lawyer of the appellant had started his arguments and they would not conclude in a day, according to The Express Tribune report.
Imran Khan's lawyer, Barrister Salman Safdar said that the cypher case concerned the foreign affairs ministry. However, Pakistan's then-interior secretary Yousuf Naseem Khokhar, had filed the complaint. He said that the FIR was filed after a delay of 17 months.
During the hearing, the defence counsel said that former Pakistan PM Imran Khan's principal secretary Azam Khan was the accused in the FIR. However, his name was mentioned as a witness in the challan.
Barrister Salman Safdar explained the background of the case and read the FIR's test. He further said that there were two aspects to the appeal - the merits of the case and the other one related to how it was dealt.
Safdar stated Azam went missing and a petition was filed in this regard. The court questioned whether this was all part of the case. To this, the defence lawyer responded negatively. He said the government's defence counsel cross-examined Azam. However, he was not questioned about his alleged abduction, The Express Tribune reported.
Justice Aurangzeb asked whether or not the government's lawyer had asked Azam about his alleged abduction despite knowing all the facts. During the hearing, Safdar said the defence lawyer completed the cross-examination of 21 witnesses in 48 hours.
He further said that the courts had made it clear that a person could only be arrested in the presence of solid evidence. The Islamabad Chief Justice said there were certain requirements for arresting a person.
The judge said that it was practice in the civilised world to call a person for a probe first. He further said that if the person cooperated in the probe, there was no need to arrest them, The Express Tribune reported.
Aurangzeb stressed that this was not an ordinary FIR and it was the first case of its kind. The hearing of the case was adjourned until March 11.