The former prime minister Imran Khan was charged with leaking state secrets, and the Islamabad High Court (IHC) denied him bail on Friday. The IHC noted that Khan appeared to have committed the crime, which carries a potential 14-year jail sentence or death penalty.
The PTI chairman also attempted to have the FIR in the cipher case withdrawn in another appeal, which was denied by the court.
The indictment relates to a confidential cable that Pakistan’s ambassador to the US allegedly forwarded to Islamabad last year and that Mr. Khan is alleged to have made public. Mr. Khan disputes this, claiming that information from the cable was obtained from other media outlets.
The Ministry of Interior secretary, Yousaf Naseem Khokhar, filed a complaint, which serves as the basis for the prosecution’s case. He said that the cipher was communicated in an unauthorized way by Mr. Khan and Shah Mehmood Qureshi, another PTI leader. Alleged manipulation of the content put personal gain ahead of state security.
Additionally, it was claimed that during a conference in Banigala in March 2022, Mr. Khan and a few other people intended to use the contents of the cipher for political purposes.
Sardar Latif Khan Khosa, Mr. Khan’s attorney, defended him by claiming that the case’s circumstances did not fall within Sections 5 or 9 of the Official Secrets Act of 1923.
He further emphasized that Mr. Khan was immune from prosecution under Article 248 of the Constitution, which he had as a former prime minister.
The attorney cited the prime minister’s oath, which is found in the third schedule of the Constitution, to emphasize Mr. Khan’s obligation to inform the public, which he claimed Mr. Khan duly accomplished by drawing attention to a plot by a foreign authority to topple his administration.
Another attorney for Mr. Khan, Barrister Salman Safdar, contended that false information had been included and that the case lacked specific claims. He added that the Official Secrets Act generally applied to members of the military forces and that the case was based mostly on a declaration made by one of the co-accused.
Raja Rizwan Abbasi, the Special Prosecutor, refuted these claims, stating that the act was applicable to every person.
He said that Mr. Khan’s office had a decrypted copy of the encryption upon his arrival as prime minister. Instead of returning the cable as required, he kept it with him and is said to have altered its contents for political gain.
Additionally, he said that Article 248 of the Constitution did not grant Mr. Khan protection in the cipher issue.
The court’s final decision emphasized that Mr. Khan might face serious legal consequences for his failure to protect the secret material and its subsequent public release.
It explained in detail the possible penalties under subsections (a) and (d) of Section 5(1) of the Official Secrets Act, which could result in Mr. Khan being executed or serving a maximum of 14 years in prison.
Regarding Mr. Khan’s argument that he was revealing a plot, the court emphasized that ciphers are classified and that it is the prime minister’s duty to withhold sensitive information. The court ruled that making such a disclosure amounted to an admission.
IHC Chief Justice Aamer Farooq noted that “no conspiracy was hatched in a foreign country and that, making the contents of cipher known to public jeopardizes the cipher code security and let down Pakistan in international diplomatic circles and strained relations of Pakistan with a foreign country,” citing a statement made by the former Pakistani ambassador to the US, Asad Majeed.
The court emphasized that as the event was political in nature, Mr. Khan’s act of disclosing the contents of the cipher at a public meeting in March of last year was not related to his responsibilities as prime minister.
Furthermore, the court stated that Mr. Khan, in his capacity as prime minister, “had no authority to declassify the cipher or make the contents public, as it was a classified document.”
Judge Farooq rejected the reasons made in support of Mr. Khan’s immunity, pointing out that the prime minister does not have this privilege while in office—only the president and governors have.
The seriousness of the accusations and the possibility of a death sentence or up to 14 years in jail made the court deny Mr. Khan’s request for bail. It was also emphasized that Mr. Khan is still in possession of the disputed encrypted copy.
A fear that “they will try to make another attempt on my life while I am in jail” has been voiced by the PTI chairma.
A tweet on PTI’s official X account quoted Mr. Khan and stated, “Since I won’t agree to leave my country, there is of course a danger they will try to make another attempt on my life while I am in jail.” “Slow poisoning could also be used in such an attempt.”
Mr. Khan mocked PML-N chief Nawaz Sharif, who has returned to politics after four years, saying that a convicted criminal could only be let to return to politics if State institutions were destroyed. Therefore, what we are seeing is the total breakdown of our legal system.
The leader of the PTI declared that all the accusations made against him were “politically motivated,” “completely bogus,” and designed to keep him behind bars “till after the elections or maybe much longer beyond the elections.”
He stated, “I am physically fit at the moment,” when asked about his health. I would be able to tell if my physique was changing due to weakness.
Aleema Khan, the sister of Mr. Khan, informed the reporters that no court could provide him with justice in the meanwhile.
“See, no one has directly done so, but a lot of people do approach you that ‘do something that Khan sahib goes abroad'” she replied when asked if anyone had gotten in touch with her, Mr. Khan, or the party regarding a “backdoor channel or deal to facilitate” him to travel overseas.
Raoof Hasan, the PTI’s central information secretary, thereafter took a harsh stance against the IHC chief justice for turning down Mr. Khan’s bail request.
“Very partial, prejudiced, biased, and totally against the basic principle of fair delivery of justice,” was how he characterized the ruling.
“The judiciary needs to get rid of judges like this right away if it is to regain its honor and reputation.
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