Cipher Case: Pakistan Court Reserves Ruling Against Imran Khan’s Trial in Jail

Tue Sep 12 2023
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ISLAMABAD: The Islamabad High Court (IHC) has reserved its ruling on a petition filed by former Prime Minister Imran Khan requesting to stop his trial in the cipher case within the premises of Attock jail.

IHC Chief Justice Aamer Farooq, presiding over the hearing, listened to the arguments presented by PTI Chairman Imran Khan’s lawyer, Sher Afzal Marwat. During the hearing, Sher Afzal read out the notification from the law ministry before the court.

Imran’s legal representative raised questions regarding the legal basis and authority underpinning the Ministry of Law’s decision to relocate the trial to Attock Jail. Marwat argued, “The transfer of a trial from Islamabad to Punjab can only be executed within the bounds of the law, typically through a decision by the Supreme Court, not by the chief commissioner or home secretary.”

The former Prime Minister has been held in Attock Jail since his arrest in the Toshakhana case on August 5. On August 30, the Islamabad High Court (IHC) temporarily suspended Imran Khan’s three-year sentence and ordered his release in the Toshakhana case. However, a specially designated court established to handle cases governed by the Official Secrets Act subsequently directed Attock Jail authorities to detain Imran in “judicial lockup” and produce him on August 30 in connection with the cipher case.

Subsequently, due to security concerns, the government relocated the court proceedings to Attock Jail, where Judge Abul Hasnat Muhammad Zulqarnain presided over the cipher case within the jail premises, extending Imran Khan’s judicial remand until September 13.

In the previous hearing, the IHC judge had requested responses from both the federal and Punjab governments regarding Imran’s petition seeking a transfer from Attock Jail to Adiala Jail.

The case in question revolves around the alleged “misuse” of diplomatic cipher contents, which former Prime Minister Imran presented as evidence of an attempt to destabilize his government.

Background of the Cipher Case

FIA has registered a case against former premier Imran Khan and foreign minister Shah Mahmood Qureshi under Sections 5 and 9 of the Official Secrets Act.

According to the FIR registered on August 15, following the conclusion of Inquiry No. 111/2023 initiated by the Counter Terrorism Wing (CTW) of FIA, it was revealed that former Prime Minister Imran Ahmad Khan Niazi, former Foreign Minister Shah Mahmood Qureshi, and their associates were involved in the unauthorized dissemination of information contained in a secret classified document (cipher telegram received from Parep Washington dated March 7, 2022, addressed to the Secretary of the Ministry of Foreign Affairs). They allegedly manipulated facts to serve their “ulterior motives” and personal interests, in a manner detrimental to state security.

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