The Federal Investigation Agency (FIA) has requested an in-camera hearing from the Islamabad High Court (IHC) concerning Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s bail application in the cipher case. The FIA is concerned that an open court hearing could potentially harm Pakistan’s diplomatic relations with other countries if sensitive information is discussed publicly.
FIA Special Prosecutor Shah Khawar made this appeal after a brief court recess. Earlier, the IHC had decided to consider the FIA’s plea for an in-camera hearing along with Imran Khan’s bail petition.
During the post-recess session, the IHC Chief Justice inquired about the possibility of conducting the bail plea hearing in-camera. However, Khawar explained that, according to the Official Secrets Act, certain trials cannot be made public. He also mentioned the need to present statements related to foreign countries, which could impact diplomatic ties if revealed openly.
In response, IHC Chief Justice Farooq questioned the necessity of an in-camera hearing, as the court’s verdict on the bail plea would ultimately become public.
The court then inquired about the Standard Operating Procedures (SOPs) for handling a cipher. Additional Attorney General Munawar Iqbal Dogal provided an explanation. Khawar clarified that a cipher is received in coded form from a Pakistan embassy and decoded at the Foreign Office. Copies are then distributed to the president, prime minister, army chief, and director general of the Inter-Services Intelligence before being returned to the Foreign Office for disposal, with only the original cipher retained there. The codes for each cipher are unique to individual countries.
Imran Khan’s lawyer, Salman Safdar, opposed the FIA’s request for an in-camera hearing, suggesting that sensitive information could be discussed privately or provided in writing by the prosecution. He also expressed the expectation of live coverage of the case.
In response, the IHC Chief Justice mentioned that a committee was working on guidelines for live-streaming court proceedings. The FIA reiterated its concerns about exposing sensitive information if the case were heard in open court.
The IHC reserved its verdict on the matter and announced that a new date for the hearing would be determined.
Previously, the IHC had ruled that the bail plea hearing for Imran Khan in the cipher case should be held in an open court, despite the FIA’s initial request for closed-door proceedings. The FIA had been instructed to submit a separate petition for an in-camera hearing.
Additionally, the IHC is expected to announce its verdict on Imran Khan’s bail plea in nine other cases. These cases involved charges related to various incidents, and Imran Khan had sought bail until final decisions were reached. He argued that the courts should decide these cases on their merits.
The nine cases encompass events such as the May 9 incidents, protests in Islamabad, the Toshakhana case, violation of Section 144, and an attempted murder case.