What is the Cipher case?

The Cipher case in which former Prime Minister and PTI founder Imran Khan, along with former Foreign Minister and PTI Vice Chairman Shah Mehmood Qureshi have been sentenced to 10 years in jail, belongs to a Cipher allegedly sent by the US government to Pakistan against Imran Khan government.  

When did the controversy take place?

 The controversy originated on March 27, 2022, less than a month before Khan’s ouster in April 2022, when he, during a public rally, displayed a letter, claiming it was a coded message from a foreign nation conspiring with political rivals to overthrow the PTI government. Initially withholding the letter’s contents and the nation’s identity, Khan later accused the United States of plotting against him, specifically implicating Assistant Secretary of State for South and Central Asia Affairs Donald Lu.

The cipher pertained to a meeting between former Pakistan ambassador to the US Majeed and Lu. Khan, purportedly reading from the cipher, asserted that resolving Pakistan’s issues depended on his removal from power. On March 31, the National Security Committee (NSC) issued a “strong demarche” to the US for interfering in Pakistan’s internal affairs.

What happened after Imran’s ousting?

Post-Khan’s removal, Prime Minister Shehbaz Sharif convened an NSC meeting, concluding no evidence of a foreign conspiracy in the cable was found. Audio leaks later revealed discussions involving the former prime minister, then-federal minister Asad Umar, and then-principal secretary Azam about the US cipher and strategies to leverage it. Later the government registered case against Imran Khan and Shah Mehmood Qureshi under Section 5 of the Official Secrets Act 1923. 

Case proceedings: 

Imran and Qureshi were first indicted in October 2023, with the IHC terming the jail trial proceedings “erroneous” and scrapping them. The special court restarted the cipher trial last month at Adiala district jail after a second indictment on December 13. On December 22, the Supreme Court approved post-arrest bails for both. However, Qureshi’s expected release was stalled due to a fresh case.

Justice Miangul Hasan Aurangzeb later restrained the special court from proceeding against the suspects till January 11, citing “legal errors.” The stay order on the in-camera trial was withdrawn after assurances of fresh witness statements. The special court appointed new defense counsel, and Imran and Qureshi faced a 10-year prison sentence after being found guilty of leaking state secrets under Section 5 of the recently amended Official Secrets Act 1923.

What is section 5 of Official Secrets Act: 

Section 5 of the Official Secrets Act 1923 involves severe penalties, including imprisonment from two to 14 years, and in some cases, even a death sentence. It outlines specific actions deemed offenses, such as wilfully communicating secret information to unauthorized persons, using information for the benefit of a foreign power, and retaining classified documents without proper authorization. The recent charges against Imran Khan involve his deliberate misuse of a classified diplomatic cable, leading to serious accusations and legal consequences in the Cipher case.