Pakistan Tehreek-e-Insaf (PTI) founder and chairman Imran Khan Niazi and vice-chairman Shah Mahmood Hussain Qureshi were indicted in the cipher case again on 13the December. The two leaders were charged under the Official Secrets Act 2023 by the special court housed in the Adiala jail in Rawalpindi. The ruling that established the allegations was rendered by Judge Abual Hasnat Zulqarnain.
The lawsuit began on 27 March 2022 when the former prime minister displayed a paper in public during a rally in Islamabad and cited it as proof of an “international conspiracy” before his government was overthrown by a vote of no confidence. According to the Federal Investigation Agency’s (FIA) charge sheet, he never returned a diplomatic paper and his party has long maintained that the document was a threat from the United States to remove him from office.
On 23 October, both politicians were first charged in the case. An Islamabad High Court division bench considered the government’s notification of a jail trial to be “erroneous” and cancelled the entire proceedings. The trial was taking place at Adiala Jail and four witnesses had already recorded their testimonies. The fifth person was then put through cross-examination. The special court began a new trial in response to the verdict. Judge Abual Hasnat Zulqarnain decided that the trial would go forward at the Adiala Jail but in public last month.
The former premier asked the Islamabad High Court to postpone the proceedings until it decided on this petition on 11th December contesting the process of his prosecution in the cipher case. Both PTI senior leaders were scheduled to be indicted by the special court on 12th December but the proceedings were postponed until the next day.
They pleaded not guilty while the court awaited prosecution proof. Imran Khan’s third spouse Bushra Bibi, his sisters and Shah Mahmood Qureshi’s family along with Federal Investigation Agency (FIA) Special Prosecutor Zulfiqar Abbas Naqvi were present there. A small number of reporters were also permitted entry into the courtroom to observe the proceedings.
The court read aloud the two-page charge sheet against the veteran politicians during the hearing. The two were charged with breaking the Official Secrets Act while they were in government, according to the charge sheet. The allegation stated that Imran Khan had waved a classified diplomatic document at a public demonstration on 27 March and that the accused had utilised the cipher for his private gain.
Imran Khan’s reaction
Following the reading of the charges, Imran Khan declared, “I did something wrong by exposing the domestic and foreign establishment. Add that to the list of charges too,” while Shah Mahmood Qureshi pled his innocence. “They made us the accused after toppling our government. How can the one who was ousted also be the accused,” the former asked.
He went on to claim that the United States diplomat Donald Lu and former army chief retired General Qamar Javed Bajwa were the two people being saved by this whole “drama.” He announced that he has “no fear of death” and maintained that the encryption was designed to overthrow his regime. “There is a conspiracy within the cipher which is being hidden.”
“How can there be a fair trial when the media is being muzzled,” he questioned and alleged, “If a fair trial is not conducted, the responsibility will lie with you for the rest of your life.” The judge then informed him that his tone was “not appropriate” and that this was a court of justice.
While in service, Mahmood Shah Qureshi reported having seen “hundreds” of ciphers and given instructions on them, however, the one in question was “unique.” He claimed, “The foreign minister is known as the chief diplomat across the world. Then a cipher comes which is not shown to the chief diplomat. In my view, there must be some reason for keeping it hidden.”
He requested that the evidence not be withheld to avoid holding a “one-sided trial.” He noted, “Two patriotic citizens are being ensnared in this case. I am innocent and they want to punish me.” The hearing was postponed until 15th December.
The FIA special prosecutor told the journalists outside the court that the two leaders were the targets of accusations and that the prosecution would be presenting its case in court on the next due date. He restated their denial of the charges raised against them.
Ciphergate
The controversy began on 27 March of last month when Imran Khan speaking at a public rally less than a month before his removal in April 2022 waved a letter in front of the audience and claimed it was a cipher from a foreign country that had teamed up with his political rivals to topple the PTI government. He did not disclose the contents of the letter or the identity of the country it originated from. However, a few days later, he claimed that Assistant Secretary of State for South and Central Asia Affairs Donald Lu had asked to have him removed and accused the US of plotting against him.
The cipher concerned Dr Asad Majeed Khan, the former ambassador of Pakistan to the US and his meeting with Donald Lu. “All will be forgiven for Pakistan if Imran Khan is removed from power,” declared the PTI president purporting to be reading from the cipher. The National Security Committee (NSC) then took up the subject on 31 March and resolved to send the US a “strong demarche” in response to its “blatant interference in the internal affairs of Pakistan.”
Subsequently, after his dismissal, the NSC met under the chairmanship of former prime minister and Pakistan Muslim League (Nawaz) leader Shehbaz Sharif and concluded that the cable included no evidence of a foreign conspiracy.
