IHC frees policeman convicted for leaking secrets

Notes that security alerts issued by NACTA or interior ministry not classified information

ISLAMABAD:

The Islamabad High Court (IHC) has suspended the sentence of an assistant sub-inspector (ASI) of the Islamabad Police, Zahoor Ahmed, who was convicted under the Official Secrets Act, 1923 for allegedly passing confidential information to a Russian diplomat.

IHC senior puisne judge Mohsin Akhtar Kayani, in a 5-page written verdict, noted that given the short duration of the sentence and the likelihood that the appeal will not be decided soon, the appellant is entitled to a suspension of the sentence.

The verdict mentioned that, according to the forensic analysis report, messages containing threat alert reports were found on the appellant's mobile phone.

However, it stated, threat alerts issued by the National Counter Terrorism Authority (NACTA) and the Ministry of Interior cannot be considered classified information or secret documents.

The trial court's three-year imprisonment sentence for ASI Zahoor has been suspended, and the court has directed the appellant to submit a surety bond of Rs200,000, which can be deposited in cash.

Additionally, the convicted ASI Zahoor Ahmed must appear in court on every hearing date until a final decision on his appeal is made, it said.

The Federal Investigation Agency (FIA) registered a case against ASI Ahmed on December 13, 2021. He was accused of planning a meeting with the foreign diplomat with the intention of handing over to him sensitive information and documents related to national security.

ASI Zahoor Ahmed had been granted bail on January 22, 2022.

However, a special court dedicated to hearing cases filed under the Official Secrets Act, 1923, on May 18 sentenced him to three years in prison. Zahoor Ahmed was immediately taken into custody from the courtroom after the special court judge, Tahir Abbas Sipra, pronounced him guilty.

The Official Secrets Act, 1923 aims to protect sensitive information pertaining to national security. It criminalizes the sharing of state secrets and any other classified information that could potentially harm the country's interests.

Under this act, unauthorized access to, and communication of, sensitive information is punishable by law. This legislation is designed to safeguard national security and maintain confidentiality regarding the operations and activities of the state.

Last year, the PML-N led federal government formed a special court to hear cases filed under the act.
The court then presided over by Judge Abual Hasnat Muhammad Zulqarnain convicted former prime minister Imran Khan and former foreign minister Shah Mahmood Qureshi in January this year for misusing a classified diplomatic telegram. The judge was, however, discharged from assignment.