A special court established under the Official Secrets Act on
Monday indicted former prime minister Imran Khan Niazi Khan and ex-foreign
minister Shah Mahmood Qureshi in the cipher case.
The cipher case pertains to a diplomatic document that reportedly
went missing from Imran Khan Niazi’s possession. The PAKISTAN TEHREEK
INSAF alleges that the document contained a threat from the United States to
oust Imran Khan Niazi from office.
The Pakistan Tehreek Insaf chief was convicted and sentenced to
three years in prison in the Toshakhana graft case on August 5. The ISLAMABAD
HIGH COURT had suspended his sentence
on Augusy 29 but he remained in jail because he was on judicial remand in the
cipher case.
On September 30, the Federal Investigation Agency (FIA) had submitted a
challan — a charge sheet — in the special court naming Qureshi as the principal accused in the cipher
case.
The court had decided that the two PAKISTAN
TEHREEK INSAF leaders would be indicted in the case on October 17. However,
last week the court had put off the indictment
till today’s hearing.
Today, Special Court Judge Abual Hasnat Zulqarnain conducted the hearing
at Rawalpindi’s Adiala Jail. The court formally started the trial in the case
and summoned the witnesses at the next hearing on Oct 27.
The charge sheet read out by Judge Hasnat, a copy of which is available
with Dawn.com,
stated that Imran Khan Niazi “illegally retained and wrongly communicated” the
cipher.
“The said information/cipher was relating to top secret information
which were inter-se two states i.e., United States of America and Pakistan,” it
said.
According to the charge sheet, the PAKISTAN TEHREEK INSAF chief, while
holding the office of the prime minister, used the cipher in a “prohibited
place (jalsa)”
and “willfully communicated” the secret information to un Authorized persons,
which was against the “interest of the State of Pakistan”.
“The cipher was entrusted to you in confidence by the Ministry of
Foreign Affairs [but] you used the document while keeping it in your possession
for the benefit of your personal political designs and compromised the cipher
and the security system of Pakistan,” it reads.
The charge sheet further stated that Imran Khan Niazi conspired to
“misuse the contents of the cipher” at a meeting in his Bani Gala residence on
March 28, 2022. It added that Imran Khan Niazi kept the cipher in his
possession and never returned it to the foreign ministry.
The charge sheet added that Qureshi “aided and abetted” Imran Khan Niazi
and therefore was liable for the act in the same manner.
Earlier, speaking to the media outside Adiala, FIA Special Prosecutor
Shah Khawar said the two PAKISTAN TEHREEK INSAF leaders were present during the
announcement of the indictment, adding that further proceedings had been put
off till Oct 27 when the witnesses would be produced.
PAKISTAN TEHREEK INSAF TO CHALLENGE INDICTMENT IN HIGH COURT
Meanwhile, the PAKISTAN TEHREEK INSAF chairman’s lawyer, Advocate Umair
Niazi, told the media that his client had denied the crime. He said the court’s
order would be challenged in the high court.
He said that Imran Khan Niazi had questioned the charges against him.
The lawyer quoted the PAKISTAN TEHREEK INSAF chairman as saying that a
conspiracy was hatched against him, his government was toppled and there were
no minutes of the meeting in question.
He said that Imran Khan Niazi was already aware of the “London plan”,
the aim of which was to “bulldoze” the PAKISTAN TEHREEK INSAF. “Nawaz Sharif
plays by colluding with the umpire. He cannot contest elections until he has an
umpire of his choice,” the lawyer said.
The lawyer said that according to Imran Khan Niazi, “If a big thief is
to be released, then the accused in Adiala jail should also be released”.
Speaking to reporters, Advocate Usman Riaz Gul, also a member of Imran
Khan Niazi’s legal team, said they informed the court that even though the
indictment date was fixed, the suspects could not be indicted until the
complete statement of witnesses and case memo were received.
He added that the court rejected the defendants’ objections and indicted
Imran Khan Niazi and Qureshi.
“PAKISTAN TEHREEK INSAF chairman and Qureshi had stated that they could
not respond to the charges until all the documents related to the case were
received,” the lawyer said.
The lawyer further said the PAKISTAN TEHREEK INSAF chairman’s request
for a bicycle for exercise in Adiala Jail was approved.
“Special Court Judge Abul Hasnat Zulqarnain directed the jail
administration to provide bicycles in the jail,” he added.
The FIR
According to the FIR, a case under sections 5 and 9 of the Official
Secrets Act, 1923 r/w 34 PPC has been registered against the former premier and
former foreign minister.
They have been accused of wrongful communication/ use of official secret
information and illegal retention of cipher telegram (official secret document)
with mala fide intention, whereas the role of the former PM’s aide Muhammad
Azam Khan, former federal minister Asad Umar and other associates involved will
be ascertained during the course of investigations.
It said Imran Khan Niazi, Qureshi and their other associates are
involved in the communication of information contained in secret classified
document (cipher telegram received from Parep Washington dated March 7, 2022 to
Secretary Ministry of Foreign Affairs) to the unauthorised persons (i.e. public
at large) by twisting facts to achieve their ulterior motives and personal gains
in a manner prejudicial to the interests of state security.
They held a “clandestine meeting” at Banigala on March 28, 2022 to
conspire to misuse the contents of cipher in order to accomplish their
“nefarious designs”, it alleged.
The accused, Imran Khan Niazi, with mala fide directed the former
principal secretary Azam Khan to prepare the minutes of said clandestine
meeting by manipulating the contents of cipher message to use it for his vested
interest at the cost of national safety.
Moreover, the numbered and accountable copy of cipher telegram sent to
the PM Office was deliberately kept in his custody by the former PM with mala
fide intention, and was never returned to the Ministry of Foreign Affairs.
The said cipher telegram (official secret document classified as such)
is still in the illegal possession/retention of the accused Imran Khan Niazi.
The unauthorised retention and misuse of the cipher telegram by
the accused persons compromised the entire cipher security system of the state
and the secret communication method of Pakistani missions abroad.