— Judge declares the diplomatic affair is not a ‘matter of fundamental rights’
ISLAMABAD: The Supreme Court has turned down a set of petitions for an investigation into a cipher presented by former prime minister Imran Khan as evidence of a “foreign conspiracy” to overthrow his government.
The verdict was pronounced by Justice Qazi Faez Isa after conducting an in-chamber hearing on petitions filed by Barrister Zulfiqar Ahmed Bhutta, Syed Tariq Badar, and Naeem ul-Hasan last year.
The petitions sought the formation of a “high-powered commission” to probe the alleged foreign conspiracy against the government of Khan. The respondents in the case were named as the federation through the law and justice secretary, the prime minister, and the cabinet secretary.
The applications were returned earlier over objections by the Registrar’s Office, but the petitioners filed fresh pleas against these objections.
It is a common practice for the court office to sometimes return petitions by raising objections such as questioning why the petitioner has approached the apex court directly without exhausting other available forums first.
Such rejections are usually challenged by the petitioners and taken up by a judge nominated by the chief justice in his chamber. Justice Sardar Tariq Masood had recused himself from a hearing scheduled for January 24 and had sent the pleas back to the top judge.
During the hearing, Justice Isa questioned whether dealing with foreign affairs was the responsibility of the court and whether Khan, as the prime minister, had made any decision to investigate the matter.
He pointed out that Khan had the power to order an investigation and that all authorities were under the prime minister. Justice Isa also asked what impact the cipher had on the petitioners’ or his own life, adding there was no matter of fundamental rights in this case.
He questioned whether the Supreme Court should be sent all ciphers from around the world and if they would announce war in case of an attack in the future.
He also suggested that if the government wanted, they could make the ciphers public, but if someone else did it, it would be a violation of the Officials’ Secret Act.
Furthermore, Justice Isa said if the prime minister wanted, he could use his authority to end relations with the world. He emphasised that whoever’s job it was, they should do it and that the judiciary could not interfere in the executive’s matters.
When the petitioner’s lawyer suggested the court had to monitor who was doing what, the judge claimed the “elders”, an apparent reference to the military, had forbidden him from seeing anything.
