The prospect of PTI Chairman Imran Khan's immediate release from Attock Jail, should his sentence in the Toshakhana (gift repository) reference be suspended, appears to be increasingly unlikely.
Imran Khan, the former premier, is now embroiled in a more intricate legal situation due to his involvement in the "cypher" case, an official classified document, and an audio leaks case, all falling under the purview of the Official Secrets Act.
The predicament dictates that Imran Khan must seek bails in both these cases through legal proceedings within the court system. This development complicates his situation further.
During a public gathering last year, Imran Khan drew attention to a diplomatic cable, which he alleged to be the "cypher." In his claim, he pointed towards a supposed "foreign conspiracy" aimed at removing him from power. This assertion followed his ousting from office in April, facilitated by a vote of no-confidence.
However, the diplomatic cable reportedly went missing from Imran's possession, casting shadows of uncertainty.
On August 5, following a trial court's verdict that found him guilty of falsifying asset declarations to the Election Commission of Pakistan (ECP), Imran Khan was arrested and confined to Attock Jail. This judicial decision also led to his disqualification for a five-year term, seemingly dimming his prospects for participation in the elections slated for November this year.
Naeem Haider Panjutha, the senior counsel of Imran Khan's legal team, emphasized the significance of Article 10/1 of the Constitution, which mandates that individuals detained in any case must be promptly informed of their arrest and presented before the court within 24 hours. Panjutha underscored that neither Imran Khan nor his legal team had been notified about his arrest in the cypher case.
In September 2022, an audio clip surfaced on social media, purportedly featuring a conversation between Imran Khan and his then-principal secretary, Azam Khan, regarding the diplomatic cypher. In the audio, Imran Khan was heard allegedly saying, "We have to play with this. Don't take America's name, just play with this." A voice attributed to Azam Khan advised convening a meeting on the subject first. Azam reportedly responded, "See, if you recall, in that [cypher] the ambassador has written in the end to [send a] demarche."
The Federal Investigation Agency's (FIA) Counter-Terrorism Wing (CTW) subsequently filed a First Information Report (FIR) against Imran Khan and Shah Mahmood Qureshi, another party leader. The FIR was registered under the Official Secrets Act and pertained to the missing cypher and audio leaks, prompted by a complaint from a former interior secretary following an inquiry.
According to the FIR, the roles of Imran's former principal secretary, Azam Khan, and ex-planning minister Asad Umar will be determined during the investigation.
The FIR alleged that Imran, Qureshi, and their associates participated in disseminating information from a classified document – a cypher telegram received from Washington – to unauthorized individuals, compromising state security interests.
While Qureshi is presently under arrest and undergoing interrogation by the FIA, the CTW conducted two investigative sessions with Imran Khan within Attock Jail. During these sessions, Imran Khan provided his statement concerning the missing cypher and the audio leak.
A senior FIA official, speaking to The Express Tribune on condition of anonymity, clarified that Imran Khan's investigation under the Official Secrets Act had already triggered his arrest order. The official asserted that Imran's release from Attock Jail would be contingent not only on the suspension of his Toshakhana case sentence but also on obtaining bail in the cypher case. This condition would hold true even if pleas challenging the cancellation of his bail in May 9 cases were accepted.
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