PTI Chief, Shah Mehmood Qureshi acquitted in cipher case - Barrister Salman Safdar Told Everything

3 months ago

#Khabar#ImranKhan #ShahMehmoodQureshi #CipherCase #IslamabadHighCourt #SalmanSafdar

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Transcript

00:00 Congratulations, you fought a long case and today we saw a complete acquittal.

00:07 The acquittal order has arrived, Salman.

00:09 We were expecting a go-ahead remand back.

00:12 We are really blessed because initially I didn't think that it would take us so long

00:23 to convince the honourable judges that this is a case of acquittal.

00:27 During this time, there was a lot of turbulence.

00:30 Many times, there was talk of remand, many times there was talk of additional evidence.

00:35 But in this case, our wisdom was that the most important case of Cipher is being closed.

00:42 So, we will go on its merits.

00:45 We will not start the bail in this case.

00:48 Especially when bail is not even seen in other cases or when it is released.

00:53 But finally, after three months of long arguments and I think 40 hours in Islamabad High Court,

00:59 we read extensively and comprehensively and to our hearts' content.

01:03 We and the government also got a chance to defend our judgement in this case.

01:10 In which finally, it was a failure.

01:13 And after that failure, Imran Khan and Shah Mehmood Qureshi

01:17 didn't release them while giving the benefit of doubt.

01:20 This acquittal is a failure of the prosecution to justify starting prosecution under the Official Secrets Act.

01:30 The Official Secrets Act is a very serious crime.

01:34 It is a crime of treason.

01:39 These are anti-state activities.

01:41 And today, after this acquittal, it has been revealed that neither Imran Khan is a traitor,

01:48 nor Shah Mehmood Qureshi, nor has he given any benefit to the enemy country,

01:52 nor has he given any secret of Pakistan.

01:55 But our main ground, I will tell you, the ace ground which has taken this case to acquittal,

02:03 that on which case, on which document the entire case was revolving, the cipher,

02:09 the government did not show that document to the judges, nor did it present it in the court, nor was it exhibited.

02:14 So the judges kept thinking that there is a cipher document, something can be done in it.

02:19 I will get to that, Barrister sahib, I will get to that.

02:21 But please tell us that there were three portions of this charge which were framed on Imran Khan and Shah Mehmood Qureshi.

02:27 The first portion was unlawful retention and negligent handling.

02:31 The second portion of this charge was disclosure to unauthorized persons.

02:35 And the third was what benefit or benefit has been given to foreign powers.

02:39 The third was not a direct or indirect evidence that a third party or a country has benefited.

02:45 But the cipher and the misrepresentation of Wazir Azam Imran Khan,

02:49 this is a punishment for two years.

02:51 These were admitted things, they were not denied.

02:53 The PM himself believed that the cipher came and it could not be returned.

02:57 Look, the most important character in this was that of Azam Khan sahib who was the principal secretary.

03:04 He was the recipient, the guardian, custodian, the receiver and it was his prime responsibility to return it to the foreign office.

03:12 So the most important point was that the person whom you gave the cipher,

03:18 you made him the first accused and then suddenly he was kidnapped, he disappeared,

03:23 an FIR was filed and then he came to the public and became a government witness.

03:29 And when he became a government witness, his statement was something else.

03:34 When he came to court, he accused Imran Khan sahib of being a criminal.

03:38 So the entire case of the government was based on the statement of co-accused,

03:43 the statement of accomplice, which is inherently a weak evidence.

03:49 And it is said that it is likened to the Sultan's witness,

03:54 who is likened to Girgit, that it should be relied on with great care and understanding.

04:00 So the witness who was his accomplice, that witness did not prove anything and it was his responsibility.

04:09 So on one hand you are saying that you lost the cipher carelessly.

04:14 On the other hand you are saying that you kept the cipher.

04:17 And on the other hand you are saying that you shared the cipher with the enemy country against national interest.

04:24 So all these three things were very self-contradictory in the charge.

04:28 And these judges gave us a great opportunity, they also gave it to the government.

04:33 So even a two-year case could not be made in any way today.

04:37 And let me tell you about negligence.

04:39 Negligence in Pakistan, maybe someone has ever been punished in Pakistan.

04:44 This is for doctors and that too gross negligence, extreme negligence.

04:49 So the concept of negligence comes from the duty of care.

04:54 So the one who was on duty was Azam Khan.

04:56 When you made Azam Khan a witness, you ruined more than half of your case there.

05:04 And when that witness came to court and there was no pressure on him,

05:08 that witness did not support the government in the false case.

05:12 So you are saying that in the context of mishandling,

05:15 not only would Azam Khan be investigated and punished for the mishandling,

05:23 but he would also be a witness whose statement was less serious.

05:29 But sir, if you allow me, disclosure to unauthorized person,

05:34 which I told you, you better understand, there were three parts of the charge.

05:38 This was also an admitted fact. He would also be punished for two years.

05:41 How did you wriggle this out from here?

05:43 See, the allegation in this that in a political gathering,

05:48 the contents were manipulated, twisted, distorted and kept in front of the public,

05:54 the contents were something else.

05:55 Now I will tell you a very basic principle of military or criminal law.

06:00 On one hand, you are saying that you have shared this document with the public

06:07 and told them everything, gave them this information which should not have been known.

06:12 And on the other hand, you told the Supreme Court judges and the High Court judges

06:16 that we cannot show you this document.

06:19 So this was quite offensive.

06:22 The judges said that there is no such evidence and testimony in the law

06:28 that the judges cannot see.

06:30 So why didn't you bring the cipher to the public?

06:32 There was only one reason for that.

06:34 The cipher would have come on Manzareh-e-Aam, the contents of the cipher would have come out.

06:38 If the judges could read the cipher, then whoever would have read it,

06:41 would have supported Imran Khan's opinion that they have to take the public in confidence.

06:47 And the speech, I want them to run it in their program,

06:51 that in that speech, what did they read out to him or what did they tell him.

06:56 There is absolutely nothing in that speech.

06:59 No confidential information was shared, which was against national interest

07:05 and benefited the foreign power.

07:07 These two words are my focus.

07:09 I have already said benefit to foreign power.

07:12 We don't have any direct or indirect information.

07:14 So the 10-year sentence has been served here.

07:17 I have two complaints, Barrister.

07:21 One is unlawful retention, which was unlawful retention,

07:24 I had that money and negligent handling.

07:27 Negligent handling has also happened,

07:29 though your point is that it should be asked to Azam Khan, he had to handle it.

07:32 The second disclosure to unauthorized person.

07:35 How did I come out of this?

07:36 This wave in a speech.

07:38 I came out of this like this,

07:40 that when SPM handovers a confidential document,

07:45 and there is handing over and taking over,

07:47 then it is written properly that I have given it to you.

07:51 This is in the Secretariat instructions.

07:55 So the judges kept asking that document.

PTI Chief, Shah Mehmood Qureshi acquitted in cipher case - Barrister Salman Safdar Told Everything

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