Aitzaz Ahsan, a senior politician and lawyer, has stated that the trial of former prime minister Imran Khan under the Official Secrets Act, 1923, for alleged misuse of a diplomatic cipher is based on groundless accusations.
“The day when Imran waved the cipher, the law [the Official Secrets Act, 1923] had not been amended, and therefore his act was not a crime at that time,” Ahsan said on Thursday while speaking to the media after attending a special court’s hearing.
On March 27, 2022, just before facing a vote of no-confidence that led to his removal, former premier Imran took 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 Federal Investigation Agency (FIA) initiated its probe into the so-called “cipher-gate” on July 19, 2023, after the last PML-N-led coalition government announced an official inquiry against the former PM and his close associates for violating the Official Secrets Act, 1923.
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.
Speaking about the case, Ahsan said the prosecution is desperately trying to build a case against Imran based on a legal provision that was inserted into the law after the alleged misuse of the classified document.
He said the prime minister takes an oath under the Constitution, according to which he swears that if he comes across anything that is kept secret, he won't discuss it with anyone.
“However, if a prime minister believes that disclosing a secret is in the interest of the public, then he can make such disclosures. The Constitution empowers him to do that.”
Ahsan said it is up to the prime minister how much he wants to share and what he wants to keep secret. Referring to the 2016 coup against Turkish President Recep Tayyip Erdogan, he asked if the Turkish president couldn't inform people that a conspiracy was hatched against him.
He said even during the term of Prime Minister Shehbaz Sharif, a National Security Committee (NSC) meeting lodged a protest with the US against the use of threatening language in the diplomatic cipher.
The celebrated lawyer said former Prime Minister Nawaz Sharif has also repeatedly claimed that former US President Bill Clinton had offered him billions of dollars to prevent nuclear tests in 1998.
“If you are holding Imran Khan accountable for disclosing a cipher, then you should also put Nawaz Sharif on trial for disclosing a secret,” he said, adding that “In such matters, it is the prime minister's responsibility to gain the nation's trust.”
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