• Fri. Mar 24th, 2023

Why should we order inquiry on hearsay? SC on PTI’s cypher plea


A view of the Supreme Court of Pakistan. — Top courts official website
A view of the Supreme Court of Pakistan. — Top court’s official website
  • PTI had filed appeals against registrar’s objections to petition seeking probe into US cypher. 
  • Justice Isa says “We do not believe in speculations”. 
  • Says he will not interfere in state matters.

The Supreme Court dismissed on Wednesday the in-chamber appeals — challenging the objections raised by the apex court’s registrar against the petitions seeking a probe into the US cypher — remarking why the court should order a probe on hearsay. 

Justice Qazi Faez Isa heard the in-chamber appeals filed by the Pakistan Tehreek-e-Insaf (PTI) against the registrar’s objections to the petitions seeking an investigation into the cypher — the cable allegedly threatening the ouster of Imran Khan’s government.

During the hearing, Justice Isa said: “How can we order an investigation based on hearsay? We do not believe in speculations.” 

He said that the prime minister would have ordered a probe at that time if he wanted. “Why do you bring such cases before us? We already have so much on our plate,” the justice said.

Justice Isa said that he will not interfere in the state matters, dismissing the three appeals and upholding the registrar’s objections.  

“How can the judiciary interfere in government affairs? I will not interfere in state matters and neither will allow the government to interfere in the judicial matters,” said Justice Isa.

The judge said that the Parliament’s building is right beside the Supreme Court, telling the petitioners to “go ask the Parliament” to give them the “authority to intervene in the state matters.”  

Justice Isa said that reading the cypher would be a violation of the Official Secrets Act, adding that no other citizen can read it. 

Lawyer Naeem-ul-Hasan said that the government, at that time, called a meeting of the security council and issued a demarche and later the government was changed. 

At this, Justice Isa said that the governments change. 

He added that writing an order in open court is more appropriate so it doesn’t give rise to speculations and assumptions. 

The plea

The PTI had filed a petition in the Supreme Court seeking an investigation into the US cypher.

The petitions were filed in the apex court by Advocates Zulfiqar Ahmed Bhutta, Syed Tariq Badar and Naeemul Hassan.

However, the apex court’s registrar had raised objections against the plea. 

Later, the PTI filed appeals challenging the registrar’s objections. On January 24, Justice Sardar Tariq Masood was supposed to hear the in-chamber appeals, however he recused himself. 



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