Islamabad : The federal government has challenged the acquittal of founder chairman of Pakistan Tehreek e Insaf (PTI) , Imran Khan and former Foreign minister, Shah Mahmood Qureshi in Cypher case in the Supreme Court of Pakistan. The Islamabad High Court (IHC) divisional bench comprising Chief Justice , Amir Farooq and Justice Mian Gul Hasan Aurangzeb had acquitted PTI top leaders in the case some two months ago. The federal government had announced to challenge IHC decision in Cypher case before the Supreme Court of Pakistan. In its review appeal the government said the special law would have an overriding effect on the general law and thus the criminal procedure code was not applicable in the case of those tried for offences under the OSA.
It added the conduct of the respondents was non-cooperative throughout the trial and they made very possible efforts to delay the proceedings. The record of the trial court is evidence of the fact that 65 miscellaneous applications were moved by the respondents were heard and decided by the trial court.
The matter was number of times adjourned on the request of the respondents or their counsels. The witnesses remained present in the court but their cross-examination was not carried out by the defence counsels. The learned trial court appointed the defence counsels on the expense of the state, who had completed the trial. The respondents tried to defeat the cause of justice by indefinite procrastination,” the petition said, adding that these aspects were not considered by the IHC.
The plea reasoned that it was a “settled principle of law” that if a court came to the conclusion that a trial was not carried out fairly then the “only way out provided under the law is to remand the matter to the trial court for giving proper opportunity”.
It said the prosecution had produced overwhelming evidence” in support of its case and the admission by the accused was sufficient to establish the case beyond any shadow of doubt.
The prosecution has produced the documentary evidence along with its forensic analysis through reliable and confidence inspiring evidence which were not negated during the course of the cross-examination but this aspect has not been appreciated by the honourable division bench of IHC, while acquitting the respondents, as such the impugned judgment is not sustainable in the eyes of law.
That the impugned judgment/short order does not reflect any ground of acquittal of the respondent, even it is not observed that the prosecution has failed to prove its case beyond any shadow of doubt.
That with utmost respect it submitted that the IHC has not appreciated the evidence available on the record as well as the admission of the accused, while acquitting the respondents, as such the impugned judgment is not sustainable in the eyes of law, the plea concluded.