'Political' use of cypher may lead to 14 years in prison, says law minister

Law Minister Azam Nazeer Tarar on Thursday accused Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan of jeopardising national security by exposing a classified document for political purposes, saying that punishment for such a crime can be up to 14 years imprisonment.

Addressing a press conference in Islamabad, Tarar clarified that the cypher, an official classified document, can neither be made public nor shared with anyone, saying that Imran was summoned by the Federal Investigation Agency (FIA) for interrogation on July 25 in this regard.

“National security was compromised by indiscriminate use of the cypher, as evident from the confessional statement of (former PM's aide) Azam Khan. Chairman PTI used it for his own political motives,” he added.

Tarar said that Imran revealed the contents of the cypher during one of his political rallies, compromising the country’s national security.

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The law minister asserted that the cypher was not returned to the concerned authorities, adding that the case against the former premier will be thoroughly investigated on merit.

He further revealed that misusing diplomatic documents for personal gains can lead to severe penalties, including life imprisonment, adding that if a cypher is used for political motives, a sentence of up to 14 years could be imposed. However, he added that if a cypher is misplaced by mistake, a sentence of up to two years may be awarded according to the law.

The minister highlighted that in specific circumstances, civilians can be tried in military courts. “A full court had already made a decision on the trial in military courts for civilians in 2015. 17 judges had ruled in favour of the trial of civilians in military courts [in certain circumstances],” he concluded.

The diplomatic cypher saga plunged into a fresh acrimonious chapter on Wednesday after a purported “confessional statement” attributed to ex-principal secretary Azam Khan – dubbing it a ‘fabrication’ – landed on the political landscape, prompting the government to seize on what it called a “charge sheet” as the rationale for swift criminal proceedings against Imran Khan.

The alleged “disclosures” from the former bureaucrat – whose whereabouts remain shrouded in mystery – were quickly followed by a presser by Interior Minister Sanaullah, who said the government will open criminal proceedings against former prime minister Imran Khan on charges of exposing official secrets.

Interestingly, the development fell hot on the heels of the Lahore High Court’s decision to allow the FIA after it withdrew a stay order against the call-up notice to Imran by the agency in an inquiry into an audio leak relating to the cypher controversy. The court recalled the stay, allowing an appeal of the federal government challenging the stay secured by Imran.

The PTI chief, who was deposed as premier in April 2022 through a parliamentary vote of no confidence, had accused Washington in March last year of orchestrating a plan to oust him. He had referred to the cypher in question as evidence for his claims.

Later the same year, the PTI chief shifted the blame from the United States to previous army chief General (Retd) Qamar Javed Bajwa, saying he wished to mend fences with the former.