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Sunday May 05, 2024

Fair trial right is not for tricky suspects: verdict

Judgment pointed out significant responsibility Imran held in handling sensitive information and subsequent impact on global diplomatic ties

By Our Correspondent
February 02, 2024
The then-Prime Minister Imran Khan and Foreign Minister Shah Mahmood Qureshi (R) attending the opening of a special meeting of the 57-member OIC in Islamabad on December 19, 2021. — AFP
The then-Prime Minister Imran Khan and Foreign Minister Shah Mahmood Qureshi (R) attending the opening of a special meeting of the 57-member OIC in Islamabad on December 19, 2021. — AFP

ISLAMABAD. Special Court constituted under the Official Secrets Act has said that former prime minister Imran Khan and former foreign minister Shah Mehmood Qureshi deliberately lied during the cipher case proceedings. The court issued a detailed verdict on the cipher case against Imran and Qureshi.

In the 77-page verdict, Special Court Judge Abual Hasnat Zulqarnain shed light on the failure to return a cipher, damaging consequences on international relations and the accused’s behaviour during the proceedings.

The judgment said that the accused made up worries and tried to gather sympathies through self-inflicted miseries, adding that the fair trial right is not for tricky suspects.

The detailed decision highlighted that Imran Khan, as prime minister, neglected to return the cipher to the Ministry of Foreign Affairs. The court stressed that this negligence adversely affected relations with other countries, ultimately benefiting enemies.

The judgment pointed out the significant responsibility Imran held in handling sensitive information and the subsequent impact on global diplomatic ties.

In the official written judgment, it was declared that both Imran and Qureshi have been found guilty under various sections of the Official Secrets Act, including Section 53A, Section 51C, Section 51D and Section 9. Additionally, they were found in violation of Section 5 IIIA and Section 34 of the Pakistan Penal Code, rendering them liable to punishment.

The court, in its ruling, specified that former prime minister has been sentenced to 10 years of imprisonment with hard labour under Section 53A of the Official Secrets Act. Furthermore, a 2-year imprisonment term with hard labour and a fine of Rs1 million have been imposed under Section 51C of the Official Secrets Act.

In the detailed verdict about the cipher case, it was elaborated that Imran is also subject to 2-year imprisonment with hard labour and a fine of Rs1 million for the offense under Section 51 D. The judgment further outlined that Qureshi has been sentenced to 10 years of imprisonment with hard labour, and all the sentences imposed under the respective provisions are immediate and concurrent.

The verdict underscored the seriousness of violating official secrecy, stressing that the sentences would be immediate and concurrent. The court further condemned the accused for their conduct during the trial and attempts to garner sympathy.

The court highlighted the misbehaviour towards the public prosecutor and the disrespectful handling of files, indicating a lack of commitment to a fair trial. The failure to sign the indictment and the use of delaying tactics were deemed inappropriate for individuals of their stature.

The court’s decision emphasised that the misuse of the cipher by Imran Khan and Shah Mehmood Qureshi violated their oaths as prime minister and foreign minister, damaging Pakistan-US relations.

The judgment cited deliberate lies, compromising the integrity of communication through ciphers, and the subsequent benefit to the enemy as contributing factors to the severity of the sentences.

Judge Abual Hasnat Zulqarnain criticised the delaying tactics adopted by the defense lawyers, making a mockery of the legal process. The judgment noted the behaviour of Imran and Qureshi in court, highlighting their failure to sign statements and deliberately avoiding cross-examination. The court expressed disappointment in their conduct throughout the trial.

The court held that the statement of former principal secretary Azam Khan was based on truth which strengthened the stance of the prosecution in the case. By the said act of both the convicts, the system to establish ties with the other countries also got damaged.

Azam Khan, according to the verdict, told the court that he made Imran Khan understand about the matter and informed him about the importance of the official secrets law but he ignored his advice and made it public. “They violated their oaths and damaged the country at the global stage while the country’s economy also suffered,” it ruled.

Imran and Qureshi failed to prove themselves innocent in the cipher case, while the prosecution proved the cipher case against both of them, the detailed judgment said.