OSA Section 5 doesn’t apply to Imran, IHC told

Court seeks FIA’s response in cypher case on 16th

ISLAMABAD:

Islamabad High Court Chief Justice Aamer Farooq has issued a written order on PTI Chairman Imran Khan’s plea in the cypher case, in which he observed that the deposed premier’s lawyer had told the IHC that Section 5 of the Official Secrets Act (OSA) did not apply to his client and he was exempted under Article 248 of the Constitution.

The IHC also issued a notice to the Federal Investigation Agency (FIA) in the PTI chief’s cypher case, seeking its response by October 16 (Monday), and clubbed the former premier’s pleas to dismiss the charges against him as well as stay its trial.

The FIA has claimed that Imran had violated the OSA, 1923 by unlawfully keeping a diplomatic cypher in his possession and therefore deserved punishment under the law.

In its charge-sheet submitted to a special court set up to deal with cases related to the OSA, the agency 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 OSA, the FIA requested the special court judge, Abual Hasnat Muhammad Zulqarnain, to hold the trial of the top PTI leaders.

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 the diplomatic cypher – 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 Imran and his close associates for violating the OSA by misusing a classified document.

The agency arrested Qureshi, who had served as the country’s foreign minister during the PTI’s rule, on August 19.

Read also: IHC clubs pleas against cipher case trial

An FIA Counter Terrorism Wing team interrogated Imran on August 26 inside Attock Jail in connection with the case. The agency announced Imran's arrest on August 29.

The special court later rejected the post-arrest bail applications of Imran and Qureshi in the cypher case, noting that “sufficient incriminating evidence” was available on record against them.

On October 9, the special court formally commenced the proceedings of the cypher case and set October 17 as the date of Imran and Qureshi’s indictment.

The special court judge ordered the handing over the copies of the charge-sheet to the accused, rejecting the defence’s plea for delaying the process until the reserved ruling of the IHC on their plea against the in-prison trial was announced.

However, both Imran and Qureshi refused to receive the copies of the charge-sheet and sign the relevant documents. Their lawyers complained that the law and the rules were not being followed and that they would challenge the decision in the IHC.

On October 11, the PTI chief challenged the special court's October 17 indictment order in the cypher case in the IHC.

The former prime minister through his counsel, Sher Afzal Marwat, requested the IHC to declare the special court's October 9 order null and void.