Wednesday, July 17, 2024
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HomeNewsFIA Opposes Imran Khan's Right to Appeal in Cipher Conviction Cases

FIA Opposes Imran Khan’s Right to Appeal in Cipher Conviction Cases

The Islamabad High Court (IHC) asked both sides to present arguments regarding appeals filed by former Prime Minister Imran Khan and ex-Foreign Minister Shah Mehmood Qureshi against their conviction in the cipher case.

The Federal Investigation Agency (FIA) insisted that the law doesn’t allow an appeal against conviction under the Official Secrets Act.

During the hearing, the IHC division bench, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Auran¬≠gzeb, discussed the appeals of Mr. Khan and Qureshi. Justice Farooq questioned why appeals weren’t considered valid, stating it was surprising that the law didn’t provide for appeals in such cases.

The FIA’s special prosecutor, Hamid Ali Shah, explained that the original law from 1923 didn’t include the right to appeal, so the trial was conducted under the Pakistan Criminal Law (Amendment) Act and the Code of Criminal Procedure. Shah noted that while section 10 of the Secrets Act allowed appeals for trial proceedings, it didn’t permit appeals against conviction.

When asked about the possibility of filing an appeal under the Criminal Procedure Code (CrPC), the prosecutor said the law was silent on the matter.

Shah further argued that a two-member bench couldn’t hear an appeal against conviction under the Special Secrets Act.

Imran Khan’s counsel, Barrister Salman Safdar, argued that the CrPC applied in this case. He suggested that if there was no legal remedy, the convict could challenge the sentence under writ jurisdiction.

The bench agreed that there should be a remedial measure in the law. The hearing was adjourned to Wednesday.

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