Cipher case - all you need to know

Cipher case - all you need to know

Pakistan

PTI founder and Qureshi have been sentenced to 10 years in jail

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(Web Desk) - The PTI founder and his associate Shah Mehmood Qureshi have been sentenced to 10-year rigorous imprisonment in the cipher case. 

The special court established under the Official Secrets Act announced its verdict during a hearing at the Adiala Jail. The short verbal verdict was announced soon after recording the statements of the two accused under Section 342. 

Here’s the background of the cipher case. 

Background of Ciphergate 

The issue arose when the former prime minister displayed a letter during a public meeting in the federal capital on March 27, 2022, claiming that it was a cipher from a foreign nation, which mentioned that his government should be removed from power. 

He, however, didn't reveal the contents of the letter nor did he mention the name of the nation that had sent it. But a few days later, he named the United States and said US Assistant Secretary of State for South and Central Asia Affairs Donald Lu had sought his removal. 

The cipher was related to former Pakistan ambassador to the US Asad Majeed's purported meeting with Lu. 

The ex-premier claimed he was reading contents from the cipher, saying that "all will be forgiven for Pakistan if prime minister is removed from power".

FIR against PTI founder and Qureshi 

A first information report (FIR) was registered against the PTI chief and Qureshi under Official Secrets Act on Aug 15 for making the contents of the diplomatic cipher public for political point-scoring. 

A day later, Qureshi was arrested by the Federal Investigation Agency (FIA) while the PTI founder was also taken into custody in the same case soon after the Islamabad High Court (IHC) suspended his conviction in the Toshakhana case. 

The case was heard by FIA special court till Oct 17 but it was later handed over to another special court established under Official Secrets Act with Judge Abual Hasnat Zulqarnain getting appointed its judge.

The former premier and Qureshi were first indicted in the case in October. Both had denied the allegations.

In November, the Islamabad High Court (IHC) had binned a notification issued by the government for jail of the PTI leaders, scrapping all previous proceedings of the trial court. 

After the case was taken up afresh, the special court indicted the PTI founder and his second in command in the cipher case on Dec 13.

The judge had told them that the indictment was framed on three charges; the cipher was waved in a public rally and its content was discussed; as prime minister and as foreign minister, cipher was not sent back to the Ministry of Foreign Affairs; and cipher was used deliberately and harmed national integrity and security.

On Dec 14, the special court had ruled that cipher case trial proceedings against former prime minister and Qureshi would be held in-camera in Adiala Jail.

On Jan 11, the IHC had declared the trial court’s order in the cipher case, issued on Dec 14 last year, null and void.

However, the court lifted its stay order on the former PTI chairman’s in-camera trial after Attorney General for Pakistan Mansoor Usman Awan assured that the statements of 13 witnesses would be recorded afresh. 

On Jan 18, the special court had recorded the statement of five witnesses, including former principal secretary Azam Khan, Aneesur Rehman and Javed Iqbal.

Statements of more witnesses, including former foreign secretary Sohail Mehmood, current Interior Secretary Aftab Akbar Durrani and former ambassador Asad Majeed were recorded from Jan 22 to 24.

After recording the statements, cross-examination of the witnesses begun. However, the special court on Jan 26 terminated the defence lawyers’ right to cross-examine the prosecution witnesses due to their absence.

On Jan 27, the judge decided to appoint state counsel for representing the two accused. On Jan 30, cross-examination of the witnesses was completed by the state defense counsel with the trial court announcing the short-verdict the same day and handing down 10-year sentence to the PTI founder and former foreign minister.