Important decision of Imran Khan to get acquitted from the cipher case

PTI founder Imran Khan challenged the cipher case in the Islamabad High Court. It has been contended in the petition that the proceedings of the trial court since November 23 are illegal and contrary to the demands of justice.

In the petition filed by the former prime minister in the Islamabad High Court, it has been requested that the proceedings in the cipher case so far be declared illegal and null and void and the founder PTI be acquitted.

The petition states that on December 12, the trial court rejected our petition against the cipher case, the trial court judge did not correctly interpret the word complaint in the section of the Official Secrets Act, although the interpretation of the word ‘complaint’ is clear in the law. In which the report of the police officer is not mentioned, while the word (complaint) is also clarified in the Criminal Procedure section.

It is further stated that complaints in law mean oral or written plea before a Magistrate on a charge.

The petition states that the cipher case under hearing against former chairman PTI is being conducted on the basis of FIR and police report, the Official Secrets Act is a special law which is different from the general law, being a special law. Legal procedures must be followed by applying the Official Secrets Act.

Cipher case

It may be recalled that the Federal Investigation Agency (FIA) had submitted a challan in the court on September 30, allegedly asking Imran Khan and Shah Mahmood Qureshi to disclose the secret text of the cipher under Sections 5 and 9 of the Official Secrets Act. He was declared the main accused in the case of losing the cipher.

FIA cited 27 witnesses in the challan, main witness Azam Khan has already testified before FIA ​​against Imran Khan.

In his statement, Azam Khan reportedly said that Imran Khan used the secret document to divert public attention from the no-confidence motion he was facing as prime minister at the time.

It should be noted that in this case, Imran Khan and Shah Mehmood Qureshi are imprisoned in Adiala Jail of Rawalpindi on judicial remand. The initial hearing of the case was held in Attock Jail, after which they were transferred to Adiala Jail on the orders of the Islamabad High Court.

The cipher case relates to a diplomatic document that allegedly disappeared from Imran Khan’s possession.

PTI alleges that in this cipher, Imran Khan was threatened by the US to remove him from power.

Shah Mehmood Qureshi was named in the First Information Report (FIR) filed by the FIA ​​and booked under Section 34 of the Pakistan Penal Code along with Sections 5 (Misuse of Information) and 9 of the Official Secrets Act. went

In the FIR, on 7 March 2022, the then Foreign Secretary received a diplomatic cipher from Washington, on 5 October 2022, a case was registered in the FIA’s counter-terrorism department against former Prime Minister Imran Khan, Shah Mehmood Qureshi. And Asad Umar and his aides were named for trying to achieve their own personal interest by endangering national security by distorting the facts of the information contained in the cipher.

It said that former Prime Minister Imran Khan, former Foreign Minister Shah Mehmood Qureshi and their aides were involved in providing classified information to unauthorized persons.

Cipher was quoted as saying that ‘they held a secret meeting on March 28, 2022 at Bani Gala (Imran Khan’s residence) to hatch a conspiracy by misusing the details of the cipher to achieve their nefarious purpose’.

It was said in the case that ‘accused Imran Khan with wrong intention instructed his then Principal Secretary Muhammad Azam Khan to prepare minutes in this secret meeting by changing the text of the cipher for his personal interest at the cost of national security. ‘.

The FIR alleged that the copy of the cipher sent to the Prime Minister’s Office was deliberately kept by then Prime Minister Imran Khan with ulterior motives and never returned to the Ministry of External Affairs.

It was further informed that ‘the said cipher (classified secret document) is still illegally in the possession of Imran Khan, the entire cipher security system of the state and overseas Pakistanis by the unauthorized acquisition and misuse of the cipher telegram by the nominated person. The mission’s secret messaging system has been compromised’.

The FIR stated that the actions of the accused directly or indirectly benefited external powers and caused damage to the state of Pakistan.

The case filed in the FIA ​​further stated that “the competent authority has approved the registration of the case, hence the FIA ​​Anti-Terrorism Wing at the Islamabad Police Station under Sections 5 and 9 of the Official Secrets Act of the Pakistan Penal Code.” A case under Section 34 has been filed against former Prime Minister Imran Khan and former Foreign Minister Shah Mehmood Qureshi for misusing official secret information and maliciously obtaining cipher telegram (official secret document) and Azam Khan as Principal Secretary, The role of former federal minister Asad Umar and other involved assistants will be determined during the investigation.