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PAKISTAN                                                                                                            PAKISTAN  LINK - NOVEMBER 24, 2023 - P9
       Wednesday issued notices to the feder- Supreme Court Seeks Responses from Federation,                                  The petition
       ISLAMABAD: The Supreme Court on
                                                                                                                                 Moved through Safdar on behalf of
       ation and Federal Investigation Agency                                                                                 Imran, the petition pleaded that it was
       (FIA) and sought responses from them    FIA on Imran’s Bail Plea in Cipher Case                                        an  unequivocal  and  well-established
       on  PTI  Chairman  Imran  Khan’s  bail                                                                                 principle  of  the  Supreme  Court  that
       plea in the cipher case.                                                                 that the case should not have been reg- bail should never be wielded as a form
         The cipher case pertains to a diplo-                                                   istered in the first place. He added that  of punishment.
       matic document that the FIA’s charge                                                     the  sections  invoked  apply  to  crimes   The grant of bail is a remedy primar-
       sheet  alleges  was  never  returned  by                                                 such as espionage.            ily vested in the discretion of courts, a
       Imran. The PTI has long held that the                                                       “The  investigation  does  not  men- discretion that must be exercised with
       document contained a threat from the                                                     tion  anywhere  how  an  enemy  state  the utmost care and caution, as it con-
       United States to oust Imran as prime                                                     benefitted,” he further argued.  stitutes a fundamental facet of the judi-
       minister.                                                                                   The  case,  Justice  Masood  high- cial power, the petition said. Each bail
         The  former  premier  and  his  aide                                                   lighted,  says  the  code  of  the  cipher  application must be meticulously con-
       Shah Mahmood Qureshi, who is also                                                        was compromised. “Although the code  sidered in light of the relevant facts and
       behind bars, were indicted in the case                                                   keeps changing, it can change even af- circumstances as they pertain to liber-
       on  Oct  23.  Both  have  pleaded  not                                                   ter a week,” he said.         ties of citizens, he added.
       guilty and approached the apex court                                                        For his part, the PTI counsel con-  The liberty of a citizen has been el-
       for bail.                                                                                tended that the sections invoked in the  evated to a high pedestal by provisions
         Earlier,  the  Islamabad  High  Court                                                  FIR were incorrect as compared to the  of Articles 7 and 9 of the Constitution
       endorsed  Imran’s  indictment,  dispos-                                                  complaint.  “The  cipher  was  declassi- which  ensure  that  no  citizen  should
       ing  of  his  plea  against  the  same,  but                                             fied as per the law and then presented  be deprived of his life or liberty, save
       had  also  instructed  the  special  court  how far the matter dated back to.  It must be recalled that an alleged  in  the  National  Security  Committee,”  in  accordance  with  law,  nor  any  ac-
       judge to ensure a “fair trial”. Last week,   It is from 2022, the lawyer replied.  confession from Azam, Imran’s princi- he said, adding that the same was also  cused person should be detained with-
       the court halted trial court proceedings   At that, the judge said the PTI had  pal secretary when he was prime min- mentioned in the SC verdict on the no- out lawful authority of the competent
       against the PTI chief while hearing his  spent  an  entire  year  on  the  case.  He  ister, surfaced on social media earlier  confidence motion against Imran.  court.
       intra-court appeal.           also highlighted that some sections in  this year wherein he claimed that the   However,  Justice  Masood  directed   Unfortunately,  a  disheartening
         Yesterday,  the  court  declared  ille- the  FIR  mentioned  two-year  punish- narrative  behind  the  cipher  —  which  Safdar to stick to arguments pertaining  trend has emerged where the state ma-
       gal the proceedings of the cipher case,  ment while others entailed lifetime im- the  PTI  chief  has  for  long  presented  to the current case while Justice Afridi  chinery,  in  a  questionable  display  of
       meaning that the entire process would  prisonment and death penalty.  as  evidence  of  a  “foreign  conspiracy”  asked if the cipher was a secret docu- power and authority, has made strenu-
       have to start afresh. It also said notifi-  Justice Masood also chided the FIA  to oust him from the top office — was  ment.  ous attempts to concoct and fabricate
       cations issued for conducting the trial  investigating  officer  for  appearing  in  fabricated.  It was not a secret document after  false cases, the petition alleged, adding
       in jail were against the law and spoiled  court without notice.  During  the  SC  hearing,  the  PTI  declassification, the lawyer responded.  that the registration of the cipher case
       the proceedings, including the indict-  Meanwhile,  Justice  Afridi  noted  counsel also contended that his client   “Did  the  accused  show  the  cipher  was  another  facet  of  this  malevolent
       ment of the PTI leaders and the testi- that  the  cipher  case  inquiry  had  said  was  being  made  a  victim  of  political  before it was declassified?” Justice Af- campaign,  with  the  sole  objective  of
       monies of four witnesses.     the  role  of  the  co-accused  would  be  revenge and recalled how he had pre- ridi asked, to which Safdar replied in  settling scores with the petitioner.
         On Wednesday, a three-member SC  determined  during  the  investigation.  sented  arguments  before  the  court  the  negative.  The  judge  also  clarified   The petition alleged that the initia-
       bench, comprising Justice Sardar Tariq  “What  did  the  investigator  say  about  for  hours.  However,  Justice  Masood  that the court was currently looking at  tion of the cipher case, orchestrated at
       Masood, Justice Ayesha A. Malik and  Azam  Khan  in  the  final  investigation  remarked  that  this  happened  because  the charges.  the behest of the interior secretary and
       Justice  Yahya  Afridi  took  up  Imran’s  report?” he asked.  the cases were being run in a political   At  one  point  during  the  hearing,  executed  by  the  Federal  Investigating
       plea and declared it as admissible.  In  his  response,  Safdar  said  the  manner.      Justice  Masood  asked:  “If  the  cipher  Agency  (FIA),  represents  yet  another
                                     probe  did  not  convey  a  clear  stance.   “The accused is not under 60 years  is waved in the air and its contents are  endeavor  to  subject  the  petitioner  to
       The hearing                   “Azam  Khan  was  abducted,  his  fam- and  the  case  pertains  to  further  in- revealed, then does it not fall under the  political victimization.
         At  the  outset  of  the  hearing,  PTI  ily had even registered a case … after- quiry, so let’s come to that,” the judge  category of communication?”  This orchestrated effort to target the
       counsel  Salman  Safdar  read  out  loud  wards,  his  statement  came  forward,”  added.   Subsequently, the court issued no- petitioner is part of an ongoing pattern
       the first information report registered  the lawyer said.     Here,  Justice  Ayesha  asked  about  tices to all the respondents in the case  of  the  abuse  of  the  Criminal  Justice
       against Qureshi and Imran in the case   This is how the truth comes forth,  the basic grounds of the case, to which  and adjourned the hearing for an in- System, all under the directive of po-
       after  which  Justice  Masood  inquired  Justice Masood remarked here.  Safdar  said  the  main  argument  was  definite period.  litical adversaries. - Dawn


        Reduction in Haj Expenses Announced                                                ECP Asks PTI to Hold Fresh

                                                                                  intra-party Polls or Lose 'Bat' Symbol
                                           regional languages.
                                             Highlighting improvements in the Haj pro-
                                           cess,  Dr  Ahmed  revealed  that  Islamabad  and                             The ECP had issued notices to the PTI for not
                                           Karachi have been incorporated into Saudi Ara-                             holding intra-party polls on August 2 and reserved
                                           bia's Road to Makkah project.                                              its verdict on the matter on September 13.
                                             This  inclusion  allows  Karachi  airport  to                              The verdict will be a disturbing development for
                                           complete the immigration process for pilgrims,                             the PTI as most of its leadership, including Chair-
                                           thus streamlining their journey.                                           man  Imran  Khan,  his  deputy  Shah  Mahmood
                                             Besides,  the  government  has  introduced  a                            Qureshi and party president Pervaiz Elahi, are in
                                           20-day short Haj package, striving to make Haj                             jail or have deserted the party following the crack-
                                           more financially accessible to citizens.                                   down launched against them after the May 9 riots.
         Muslim  pilgrims  gather  around  the  holy   Efforts are underway to ensure Pakistani pil-                    'Imran Khan can participate in intra-party polls'
       Kaaba at the Grand Mosque in the holy city   grims are accommodated in tents at Old Mina,  PTI workers at a public gathering in an undated   PTI lawyer Barrister Gohar, in his media talk
       of Makkah on June 24, 2023, as they arrive for   as the distance to New Mina poses many chal- picture — AFP/File  outside the ECP office, said that he was disappoint-
       the annual Haj pilgrimage — AFP     lenges for pilgrims.                                                       ed with the verdict.
                                             Highlighting the allocation of Haj seats, Dr  ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI)   “Election  Commission  did  not  fulfill  the  re-
       KARACHI: The caretaker federal government  Ahmed  mentioned  that  Pakistan  has  secured  has  been  asked  by  the  Election  Commission  of  quirements of justice,” said Gohar. He also alleged
       on  Wednesday  announced  reducing  govern- 179,000 Haj seats, with half reserved for private  Pakistan (ECP) to hold fresh intra-party polls if it  that the ECP delayed the announcement of the ver-
       ment Haj expenses by Rs0.1 million in a bid to  Haj operators.          wishes to contest on the "bat" symbol in the Febru- dict for a “special purpose”. “The bat symbol will
       make the religious obligation accessible to in-  The Ministry of Religious Affairs will over- ary 8 elections.  remain with us. We will challenge this order on an
       tending pilgrims.                   see these operators to guarantee the well-being   The commission has asked the PTI to hold fresh  appropriate forum,” said Gohar.
         Federal  Minister  for  Religious  Affairs  Dr  of  pilgrims,  holding  the  ministry  responsible  elections within 20 days and get back with the re-  Separately, in an interview with Geo News, Go-
       Aneeq Ahmed said the pilgrims will receive a  for  any  issues  faced  by  those  performing  Haj  sults within a week of polls while announcing a re- har said that no one can “minus” the PTI chairman
       30kg suitcase each, and female pilgrims will re- through private operators.  served verdict  in the day.       and he was, is, and will remain the party chief.
       ceive scarfs (abaya) featuring the national flag, a   Dr Ahmed also noted the ongoing renova-  In the verdict, the ECP stated that the PTI failed   “There is no such disqualification that bars Imran
       first-time provision.               tion work at the Haji Camp Karachi building,  to hold free and fair intra-party elections, adding  Khan from participating in elections.,” said Gohar
         During a news conference at the Haji Camp  reinforcing  the  commitment  to  enhance  pil- that the polls were objectionable and controversial. who is also the spokesperson of the party. He added
       Karachi, Dr Ahmed highlighted the introduc- grimage facilities.           “PTI’s intra-party elections cannot be accepted,”  that  as  per  Articles  62  and  63  only  a  disqualified
       tion  of  a  mobile  application  aimed  at  aiding   Regarding  expenses,  Dr  Ahmed  clarified  stated the verdict, directing the party to hold polls  person is barred from contesting an election. Gohar
       pilgrims.                           that the announced package excludes qurbani  and submit the record within seven days.  said that the PTI chief was convicted in only one case
         This app will offer navigation assistance and  (sacrifice) expenses during the Haj.  “If  PTI  fails  to  hold  elections  within  20  days  and that too was quashed by the high court.
       keep pilgrims in constant contact with relevant   Additionally,  intending  pilgrims  opt- then  it  will  have  to  face  severe  consequences.  In   “Chairman PTI has not been disqualified, he is
       officials.                          ing for a shorter stay in Medina will re- case of failure to hold [intra-party] elections, the  eligible for all offices. According to the instructions
         Initially  available  in  English  and  ceive a further reduction of Rs 35,000 in  [PTI] will not be eligible to secure an election sym- of Chairman PTI, he can and will contest the elec-
       Urdu, the app will later include various  Haj expenses. – The News      bol,” said the verdict.                tion,” said Barrister Gohar. – The News
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