Big relief for PTI as IHC nixes Imran, Qureshi conviction in cipher case

ISLAMABAD: In a major relief to Pakistan Tehreek-e-Insaf (PTI), the Islamabad High Court (IHC) on Monday annulled the conviction of jailed PTI founder Imran Khan and party’s Vice-Chairman Shah Mahmood Qureshi in the infamous cipher case containing charges of misusing and misplacing the classified diplomatic document.

IHC Chief Justice Aamir Farooq and Justice Miangul Hassan Aurangzeb announced the short verdict on the pleas challenging the conviction in the cipher case after reserving it earlier today. The PTI founder and party’s vice-chairman were sentenced to 10 years each in prison in the cipher case in January this year. The court order said they “shall be released forthwith, if not incarcerated in any other case”. The duo are not expected to be released from prison due to Imran’s sentence in the Iddat case while Qureshi was arrested in recent May 9 cases. The Iddat case was transferred to another judge on Monday while Qureshi is on physical remand till June 5 (Wednesday).

The diplomatic cable controversy first emerged on March 27, 2022, when Khan while addressing a public rally waved a letter before the crowd, claiming that it was a cipher from a foreignnation that had conspired with his political rivals to have PTI government overthrown. He did not reveal the contents of the letter nor did he mention the name of the nation it came from. But a few days later, he accused the United States of conspiring against him and alleged that Assistant Secretary of State for South and Central Asia Affairs Donald Lu had sought his removal. The former prime minister, claiming that he was reading contents from the cipher, said that “all will be forgiven for Pakistan if Imran Khan is removed from power”.

In his reaction, the federal government’s spokesperson on legal affairs, Barrister Aqeel Malik, said that the courts should be “mindful” of national security while deciding on the sensitive matters. Malik stated this while addressing a press conference in Islamabad shortly after the IHC acquitted the top PTI leaders in the cipher case.

“Detailed verdict of the case is due to arrive,” Barrister Malik said, insisting that the cipher case was a “reality” which cannot be denied. He said that the former prime minister waved a classified document at a public gathering, whereas, then-principal secretary Azam Khan also confessed about a “missing copy of the cipher”. “Nothing is more important than our national security. The prosecution will decide on challenging the IHC’s ruling after the issuance of a detailed verdict,” the lawyer-cum-politician said. He urged that the courts to never ignore the national security’s aspect in any case and the cipher case should be sent for retrial. Malik further clarified that both the accused were not sentenced “at the behest of any individual”. He vowed that the federal government and the armed forces would never compromise on the national security affairs. Malik also clarified that the federal government accepted the verdicts of the courts and never criticised the judiciary unlike a certain political party which continued to “malign the honourable judges”.

Commenting on the IHC’s verdict, PTI Chairman Barrister Gohar Ali Khan said that a “baseless and unfounded” case came to its conclusion today. He added that the PTI founder spent 10 months in jail due to the cipher case.

He claimed that the former prime minister would come out of jail very soon and pinned hopes on the judiciary to provide justice to the embattled party. Gohar added that all “politically-motivated cases based on vengeance” against the PTI leadership would also be nullified.

Similarly, the PTI-backed lawmakers in the Punjab Assembly also chanted slogans after the IHC acquitted the PTI founder and party’s vice chairman Qureshi in the cipher case. The PTI lawmakers thumped their desks in the House in support of the party’s founder.

In her reaction to the Islamabad High Court’s decision, Qureshi’s daughter, Mehar Bano said that her father and founder PTI were unjustly imprisoned and added the two will also be happy in Adiala Jail. She pointed out that on the very first hearing of the cipher case, Khan Sahib had said that there is no need to panic, if the case goes on, it will be exposed, that is what has happened. She said that during the trial, there was a very difficult time, everything will be remembered, only the pain of unjust imprisonment will remain. When asked about her feelings regarding the acquittal of her father, she remarked, “it is a mixed feeling in the sense that there is so much excitement as well as wet eyes”.

Senior Leader of Pakistan Tehreek-e-Insaf Moonis Elahi has said in his message on social media website X that the Islamabad High Court has acquitted PM Imran Khan and Shah Mahmood Qureshi in the cipher case. Justice prevailed and another unfair case against PTI founder Imran Khan and Shah Mehmood Qureshi ended. Moonis Elahi said that Insha-Allah, our PM Imran Khan will be among us very soon, heartfelt congratulations to Khan and Shah Sahib on behalf of Chaudhry Parvez Elahi.

In a related development, the Judicial Magistrate Ihtesham Alam acquitted former prime minister Imran Khan, Shah Mahmood Qureshi, Murad Saeed and other party leaders in two cases of vandalism during the Haqeeqi Azaadi March. The court has acquitted PTI leaders here. Judicial Magistrate, Islamabad heard the case filed against the PTI leadership booked on charges of vandalism and violation of Section 144. PTI leaders Ali Muhammad Khan and Asad Umar appeared before the court while all others had filed acquittal pleas. In a sigh of relief to party leaders facing multiple cases, the court acquitted the PTI leaders.

Golra police station had booked leaders of the former ruling party over violation of Section 144 imposed during PTI’s Azadi March. On May 27, 2022, the Islamabad police filed separate cases against 150 people including Imran Khan as well as other party leaders over allegations of arson and vandalism in the federal capital a day earlier.

Judicial magistrate Shaista Kundi heard the pleas filed by Imran for his acquittal in the cases registered at Islamabad’s Lohi Bhair and Sihala police stations and one related to his production in the court. During the hearing, Imran’s counsel Naeem Panjotha contended that all the cases against the ex-premier were limited to the extent of “orders“. “Imran was booked in multiple cases in a single day. He was framed in the same role,” he added. The lawyer informed the magistrate that the complainant was an SHO, who he argued lacked the authority to lodge cases. “The cases also do not include the statements of witnesses.” Panjotha maintained that neither a notification was issued nor the PTI was informed about the enforcement of Section 144.