The Federal Investigation Agency (FIA) has claimed that former prime minister Imran Khan violated the Official Secrets Act, 1923 by unlawfully keeping a diplomatic cipher in his possession and therefore deserves punishment under the law.
In its charge-sheet, submitted to a special court on Saturday, the agency has also accused former foreign minister Shah Mahmood Qureshi of facilitating Imran while also mentioning his March 27, 2022 speech at a public rally in Islamabad.
Declaring both of them guilty of violating the Official Secrets Act, the FIA has requested the special court judge, Abual Hasnat Muhammad Zulqarnain, to hold trial of the top PTI leaders and to punish them.
On March 27, 2022, before facing a vote of no-confidence that led to his removal, former premier Imran had taken out a piece of paper – allegedly a diplomatic cipher – from his pocket and displayed it at a public rally, claiming it was evidence of an "international conspiracy" to topple his government.
The FIA initiated its probe into the so-called 'cypher-gate' on July 19, 2023 after the PML-N-led coalition government announced an official inquiry against the former PM and his close associates for violating the Official Secrets Act, 1923, by misusing a classified document.
PTI Vice Chairman Shah Mahmood Qureshi, who had served as the country’s foreign minister during the PTI’s rule, was arrested by the FIA on August 19. The agency arrested Imran on August 29.
Interestingly, the FIA has not included PTI former secretary general Asad Umar among the accused.
Imran’s former principal secretary Azam Khan has been named as one of the witnesses in the case and his testimony under Sections 161 and 164 of the Code of Criminal Procedure is attached with the charge-sheet.
The charge-sheet also includes transcripts of the speeches that Imran and Qureshi delivered at the March 27, 2022 rally. Additionally, the FIA has also submitted a list of 28 witnesses to the court, with statements of 27 of them attached to the challan.
The witnesses include former foreign secretaries Asad Majeed, Sohail Mehmood as well as Additional Foreign Secretary Faisal Niaz Timrizi. According to sources, copies of the charge-sheet are likely to be provided to Imran and Qureshi at the next court hearing. The court will indict the accused after that.
Whether the court permits access to this statement for the defense or only allows their legal representatives to read it remains at the court's discretion. It remains to be seen whether the court will provide the copy of Azam Khan’s statement to Imran’s lawyers or just allow them to read its text.
Read Cypher case: Imran, Qureshi's judicial remand extended till October 10
Responding to the charge-sheet, the PTO spokesperson “unequivocally rejected the charges presented by the FIA, terming the submitted challan “devoid of substance”.
He lambasted the charges levelled against PTI Chairman Imran Khan and Vice Chairman Shah Mahmood Qureshi, asserting that the allegations were “as hollow as the purported cipher case itself”.
Emphasising the pivotal point that the original cipher document remained at the Foreign Office, the spokesperson reinforced the claim that the accusations against the former prime minister held no merit.
The cipher document was declassified by the federal cabinet, wielding its inherent powers, effectively rendering the Official Secrets Act, 1923 inapplicable and leading to the case's natural demise, the spokesperson underlined.
“Imran had consistently called for an impartial investigation into the cipher case, even resorting to written appeals addressed to the chief justice of Pakistan and the president of the country; however, progress on that front remained elusive.”
Highlighting a series of perceived injustices, the spokesperson pointed out the clandestine nature of the trial within the prison walls and the seemingly unjustifiable delays in the court proceedings were a matter of great concern.
“Any verdict stemming from an unlawful trial of a baseless case will lack legitimacy and not be accepted by the nation,” he maintained.
Shaheen Shoaib, a member of the PTI core committee, stated that a false case has been fabricated against the party chairman and vice chairman. He suggested that a high-powered judicial commission under the leadership of a Supreme Court judge should be formed to investigate the matter.
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