Special Court constituted to hear cipher case----after a protracted hearing owing to dilly dallying tactics used by Imran Khan and Shah Mahmood Qureshi the two accused---finally concluded the hearing and announced a short verdict on Tuesday sentencing both of them to ten years rigorous imprisonment. The sentence obviously is premised on proven violation of the Official Secrets Act 1923.
Not surprisingly the PTI leader and lawyer Barrister Ali Zafar speaking to Geo News said that it was not a trial but a fraud with the justice system. The lawyers for Imran Khan and Shah Mehmood Qureshi were asked to step aside and told they couldn’t represent them. In their place state lawyers were appointed without permission.
I am afraid Barrister Ali Zafar has not been honest in regards to the realities of the case and how it was conducted. The case was tried in conformity with legal requirements and both the accused were given the opportunity to defend themselves through the lawyers of their choice. But they employed delaying tactics to thwart progression of the case and the court had perforce to provide state defence councils to them. I have consulted a number of legal and constitutional experts who endorsed the appointment of state defence councils saying that if the accused and its appointed lawyers do not cooperate with the court and try to delay the case, then the court can appoint defence councils to conclude the case.
Bilawal to be next PM of Pakistan, claims Aseefa Bhutto The reality is that the lawyers of Imran Khan and Shah Mahmood in spite of repeated calls by the court failed to appear before it and both the accused even quarreled with the judge during the proceedings of the case using inappropriate remarks about him.
The PTI social media wizards and leaders taking cue from Ali Zafar have already started trolling the judge and the verdict delivered by him on the same lines. There has also been a mixed reaction on the issue by different legal and constitutional experts. However, there are still two forums for the convicts to appeal against the sentences and one cannot say with certainty what will be the final outcome.
For the benefit of readers, it is pertinent to explain the purpose and rationale for the promulgation of Official Secrets Act and to put the case in its proper perspective. The Official Secrets Act is meant to protect classified information and upholding national security. It makes it obligatory on the individuals entrusted with access to official secrets to maintain strict confidentiality and refrain from unauthorized disclosure of the classified and secret information. By establishing legal consequences for violations the legislation acts as a deterrent against espionage and other activities that may pose a threat to the national interests. Almost all the states have heir secrets which are not supposed to be divulged or communicated to unauthorized persons, hostile states or made public for reasons of national security. Accordingly there exist legislations to deal with such violations and indiscretions by any individual irrespective of his status or position.
ECP takes notice of development projects promotion by caretaker govts Ciphers are classified and secret communications which are sent by the ambassadors to their governments back home giving their assessments on the disposition of the host country on bilateral issues or its considered position on developments occurring in the country of the ambassador.
The charges against Imran Khan were that he not only made the contents of that classified and secret information public but also tried to use it for propping up his political agenda which also harmed Pakistan’s relations with the United States. He did not return the copy of the cipher to the ministry of foreign affairs saying that he had lost it. Shah Mahmood also played a significant role as an accomplice to play with it.
The veracity of the charges against Imran Khan was undoubtedly established by the key witnesses from the Ministry of foreign affairs and former principal secretary Azam Khan in their statements before the court. Foreign Secretary Sohail Mehmood deposed that the copy of the cipher was not returned by Prime Ministers’s office to the ministry till his retirement. Additional Secretary Faisal Niaz Tirmizi said that soon after Imran Khan divulged the theory of conspiracy in his public rally the US embassy had approach the ministry for a copy of the communication an also expressed annoyance at what Imran Khan said about US role in the alleged conspiracy to topple his government. It sent the relations between the two countries in a nosedive. The author of the cipher, our former ambassador to US Asad Majeed said it unequivocally that there was no mention of any conspiracy and threat in the cipher message. The other witnesses also contradicted the stance taken by Imran Khan. It is pertinent to mention that the contents of the ciphers message were published in a US publication. It was therefore an open and shut case. Imran Khan and Shah Mahmood Qureshi were guilty of breaching the official secrets act and deserved to be punished.
Election process must continue in any case, says Info minister The reality is that Imran Khan used the cipher to foment chaos, political instability and violence in the country by deliberately building a false narrative of conspiracy. The incidents of 9th May were a sequel to propagation of that false narrative. And if a leader or a public figure resorts to such irresponsible and criminal acts which undermine democracy, peace and national security then the punishment to him is justifiable from the political as well as legal perspective because nobody is above law.
There are examples available where rulers and public functionaries had to face the music for their indiscretions and illegal machinations. Former US President Richard Nixon had to resign for his involvement in Watergate scandal and if the next President Geral Ford had not pardoned him he would have ended in jail. Similarly action was taken against a former defence analyst Daniel Elesberg for leaking to the press details of US participation in Viet Nam war. Bill Clinton also had to face the consequences of flirting with Monica Lewinsky using his position.
Wheat quota enhanced for Gilgit-Baltistan The court verdict is very significant because of the fact that no person could be allowed to jeopardize national security and diplomatic relations with other countries. The court proved the fact that every person irrespective his status is accountable to law. Imran Khan and his spouse have also been awarded 14 years imprisonment each in the Toasha Khan (corruption) case. He still has to face cases regarding 9th May incidents.
The fate Imran Khan has met is undoubtedly a Devine Retribution for his wrong doings. He himself is the architect of his journey from hero to zero and fall from grace.
Malik Muhammad Ashraf
The writer is a freelance columnist. He can be reached at ashpak10@gmail.com.
Divine Retribution
22
8
02.02.2024
Special Court constituted to hear cipher case----after a protracted hearing owing to dilly dallying tactics used by Imran Khan and Shah Mahmood Qureshi the two accused---finally concluded the hearing and announced a short verdict on Tuesday sentencing both of them to ten years rigorous imprisonment. The sentence obviously is premised on proven violation of the Official Secrets Act 1923.
Not surprisingly the PTI leader and lawyer Barrister Ali Zafar speaking to Geo News said that it was not a trial but a fraud with the justice system. The lawyers for Imran Khan and Shah Mehmood Qureshi were asked to step aside and told they couldn’t represent them. In their place state lawyers were appointed without permission.
I am afraid Barrister Ali Zafar has not been honest in regards to the realities of the case and how it was conducted. The case was tried in conformity with legal requirements and both the accused were given the opportunity to defend themselves through the lawyers of their choice. But they employed delaying tactics to thwart progression of the case and the court had perforce to provide state defence councils to them. I have consulted a number of legal and constitutional experts who endorsed the appointment of state defence councils saying that if the accused and its appointed lawyers do not cooperate with the court and try to delay the case, then the court can appoint defence councils to conclude the case.
Bilawal to be next PM of Pakistan, claims Aseefa Bhutto The reality is that the lawyers of Imran Khan and Shah Mahmood in spite of repeated calls by the court failed to appear before it and both the accused even quarreled with the judge during the proceedings of the case using inappropriate remarks about him.
The PTI........
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