ISLAMABAD: The Supreme Court of Pakistan on Friday granted bail to former Prime Minister Imran Khan and one of his senior aides in the ‘cipher case’ in which he is charged with leaking state secrets.
Khan is serving a three-year sentence at Rawalpindi’s Adiala jail in a separate ‘Toshakhana’ case in which he was convicted in August of not declaring assets earned from the sale of state gifts during his 2018-22 tenure as prime minister. He denies any wrongdoing and says the charges, as well as those related to the cipher case, are politically motivated and intended to keep him and his PTI party out of general elections in February.
In a message sent to reporters, the PTI announced that Khan and Shah Mahmood Qureshi, Khan’s foreign minister during his tenure as PM, had been granted bail by the top court.
“PTI has always maintained its position on the nature of this bogus trial,” the PTI said.
However, Khan’s bail in the cipher case does not mean he will be freed, as he is convicted in the Toshakhana case, and is remanded in police custody in the case of a £190 million settlement with a property tycoon called the Al-Qadir trust case. He also faces dozens of other cases, ranging from terrorism to attempted murder.
“The Supreme Court has granted bail to both Imran Khan and Shah Mahmood Qureshi in the cipher case, but it is too early to say anything about their actual release from Adiala Jail in Rawalpindi,” Qureshi’s lawyer Taimur Malik told Arab News.
“The National Accountability Bureau has already taken custody of Imran Khan in the Toshakhana and Al-Qadir Trust cases, so his bail has to be secured in these cases too for his release.”
Malik said Qureshi had secured bail in all cases registered against him, and there was now no “apparent” reason to keep him in jail.
“Shah Mahmood Qureshi will be released from jail if he is not arrested in any other case,” he added, referring to recent instances in which new cases were filed against PTI supporters and Khan aides after they got bail in another.
A copy of the Supreme Court’s order seen by Arab News states that the court found “no sufficient incriminating material” Khan disclosed the contents of the diplomatic cable to the public, either directly or indirectly, in the interest or for the benefit of a foreign power, nor did he disclose information relating to any of the defense installations or affairs.
The order said there wasn’t sufficient material evidence to indicate Khan had disclosed a secret official code to the public at large.
“The discretion exercised by the high court in denying bail to the petitioners is found to have been exercised perversely, that is, against the weight of the material available, on record of the case, which warrants interference by the court,” the order read.
The cipher saga relates to an alleged diplomatic correspondence between Washington and Islamabad that Khan says was proof that his ouster as PM in a parliamentary vote of no-confidence in April 2022 was part of a US conspiracy to remove him. Washington has repeatedly denied Khan’s accusations.
Weeks before his ouster, Khan had waved a letter to a crowd during a public rally last year, claiming it was a cipher from a foreign nation calling for the end of his government. Khan later revealed that country to be the US and said the secret diplomatic letter spoke of dire consequences if he continued to get closer to Russia. The government at the time of PM Shehbaz Sharif said Khan’s actions amounted to leaking state secrets and using them for political gains.
A special court was formed on Aug 21 under the Official Secrets Act, 1923, to adjudicate the case. The hearings have been held in Adiala jail, without access granted to media and family members at most proceedings.