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Cipher case: Shah Mahmood Qureshi likely to be freed from Adiala jail today

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  • Special judge, Qureshi’s lawyer, Bushar Bibi reach Adiala jail.
  • On Dec 22, SC approved PTI leaders’ post-arrest bail in cipher case.
  • Post-arrest bail issued against surety bonds of Rs1 million each.

RAWALPINDI: Pakistan Tehreek-e-Insaf (PTI) Vice-Chairman Shah Mahmood Qureshi is likely to be released today after his bail in the cipher case was approved by the Supreme Court last week on Friday. 

In this regard, his lawyer Barrister Taimur Malik has reached the Adiala jail in Rawalpindi with his bail bonds.

Meanwhile, Judge Abual Hasnat Zulqarnain — who is hearing the case for the special court established under the Official Secrets Act 2023 — has arrived at the jail.

Also present at the jail premises is Bushra Bibi, the wife of PTI founder Imran Khan, lawyers Umair Niazi and Rai Muhammad Ali.

The apex court, on December 22, approved Khan and Qureshi’s post-arrest bail in the cipher case against surety bonds of Rs1 million each. The court ruled that the discretion exercised by the Islamabad High Court (IHC) in declining bail to the petitioners was exercised perversely.

After examining the material available on record, the court found that there was no sufficient incriminating material available at this stage to show that Khan communicated the information contained in the cipher telegram received from PAREP (Ambassador), Washington, USA, to the public at large with the intention or calculation, directly or indirectly, in the interest or for the benefit of a foreign power, nor the disclosed information related to any of the defence installations or affairs, nor did he disclose any secret official code to the public at large. 

The court, after converting the petitions into an appeal, allowed it and set aside the impugned orders of the IHC.

Imran and Qureshi had filed appeals in the apex court against the IHC orders, issued on Oct 27, 2023 and Nov 8, 2023, whereby the post-arrest bail had been declined to them in case, FIR No 6/2023, registered at Police Station CTW/FIA, Islamabad, for the offences punishable under Sections 5 and 9 of the Official Secrets Act 1923, read with Section 34 of the Pakistan Penal Code (PPC) 1860. Both Imran and Qureshi are incarcerated at Adiala Jail in the cipher case.

It should be noted that the PTI founder and vice-chairman, on December 13, were indicted in the cipher case again by the special court established under the Official Secrets Act 2023 after the IHC declared their jail trial null and void.

Both politicians have pleaded not guilty to their involvement in the offence related to the alleged misuse of diplomatic cable for political purposes.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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