Cipher case verdict: Legal experts and political analysts criticise ‘speed, transparency’ of verdict against Imran – Pakistan

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Lawyer Mirza Moiz Baig says verdict puts the trial court’s impartiality in question, while journalist Baqir Sajjad Syed sees it as a “blow to democracy”.

After a special court handed former prime minister Imran Khan and ex-foreign minister Shah Mehmood Qureshi 10-year jail sentences each in connection with a case involving the disclosure of state secrets, legal experts and political analysts unanimously criticised the verdict, questioning its merit as well as the haste with which the trial was concluded.

The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.

The conviction, which came after Special Court (Official Secrets Act) judge Abual Hasnat Moham­mad Zulqarnain appointed a state counsel for Imran and Qureshi — a move they vehemently opposed — means that both stand disqualified from contesting elections for the next five years, including the one that is a little over a week away.

Here is what legal eagles and political experts Dawn.com reached out to had to say about the verdict:

Highly unfortunate and overly rushed decision: Rida Hosain

Lawyer Rida Hosain said that the right to a fair trial “is enshrined in the Constitution as an independent and absolute right”.

“The superior courts have gone so far as to say that if an accused cannot be tried fairly, they should not be tried at all,” she said. “The right to be represented by a counsel of one’s choice is a fundamental aspect of a fair trial. There was no justification for depriving Imran Khan and Shah Mahmood Qureshi of this crucial right. The farcical manner in which the trial was carried out has compromised the entire process.

“As regards the merits, a sentence of ten years can only be imposed if it is shown that an accused has acted in the interest or benefit of a foreign power, or the offence relates to the defence of Pakistan, or the offence is in relation to any secret official code.”

She recalled that when the Supreme Court had approved Imran and Qureshi’s post-arrest bails in December, Justice Mansoor Ali Shah had stated that there was no “sufficient incriminating material available’ at that stage that showed that Imran Khan acted in the interest or benefit of a foreign power, or disclosed information relating to the defence installations, or disclosed any secret official code”.

“The SC bail order is a tentative view but shows that not all offences under the Official Secrets Act attract such harsh punishments. It is a highly unfortunate and overly rushed decision, and it is hoped that it will be overturned in appeal.”

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