Sharing classified info to invoke Article 62

Govt’s legal wing warns PM Imran of grave consequences

ISLAMABAD:

The government’s legal wing has warned Prime Minister Imran Khan that sharing classified Foreign Office document may accrue grave consequences -- possibly his lifetime disqualification.

Sources revealed to The Express Tribune that the prime minister had sought legal advice from the official legal wing on the Foreign Office cypher wherein he claimed that a foreign country had sent a threatening message through Pakistan’s envoy.

It is already being reported that a US official had warned that there could be implications if Prime Minister Imran Khan survived the opposition’s no-confidence motion in the National Assembly.

Later the National Security Committee (NSC) had expressed “grave concern” over the US meddling in Pakistan’s internal affairs and decided to lodge a strong protest.

The sources said that the legal wing in its advice held that diplomatic cypher comes under the purview of the Official Secrets Act, 1923.

It is stated that neither the sender could share it with anyone nor the receiver (PM) could make it public.
In case, the prime minister shares the diplomatic cypher, then it would be considered as violation of his oath which, he administered under Article 91(5).

It is further stated that in case of violation of oath, he may be disqualified for life under Article 62(1)(f) of the Constitution.

The relevant portion of oath is, "That, as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan.

”And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime Minister, except as may be required for the due discharge of my duties as prime minister.”

Read: SCBA challenges objections over Article 62(1)(f) plea

It is learnt that in view of the legal branch office advice, the prime minister office did not share diplomatic cypher with anyone.

The Islamabad High Court, in its order, already held that the court was confident that as an elected prime minister, Imran Khan would not disclose any information or act in breach of Section 5 of the Official Secrets Act, 1923, nor the oath taken by him under the Constitution.

Any decision taken by the worthy prime minister has to be in consonance with his obligations under the Official Secrets Act, 1923 and in letter and spirit of the oath of the office.

"The court has trust and confidence that the worthy Prime Minister of Pakistan would not reveal any information which may be prejudicial to the national interest and national integrity of Pakistan nor that he would act in any manner that would have the effect of violating his oath,” says IHC order written by Chief Justice Athar Minallah.