Former Pakistani Prime Minister Imran Khan. File
| Photo Credit: Reuters

A special court in Pakistan on October 23 indicted that former Prime Minister Imran Khan in the cipher case for allegedly violating the secret laws of the country.

Mr. Khan, 71, was arrested in August after a case was filed against him for allegedly violating the Official Secrets Act by disclosing a secret diplomatic cable (cipher) sent by the country’s embassy in Washington in March last year. Former Foreign Minister Shah Mahmood Qureshi was also indicted along with Khan.

Mr. Khan had used that document to build a narrative that his government was ousted as a result of a foreign conspiracy. The hearing of the case was held at the Adiala jail in Rawalpindi by special court judge Abual Hasnat Zulqarnain. Mr. Khan and Mr. Qureshi have pleaded not guilty to the charges.

After the indictment, the court adjourned the hearing till October 27 when it will start the formal trial.

Earlier after hearing the case last week, the court had adjourned the hearing till October 23 with the remarks that Mr. Khan and Mr. Qureshi would be indicted on that day.

The Federal Investigation Agency (FIA) on September 30 presented the charge sheet against Mr. Khan and Mr. Qureshi who signed its copies.

The court was earlier set to indict Mr. Khan on October 17 but it delayed it after Mr. Khan’s lawyers objected that he was not provided with the copies of charge sheet.

The cipher case concerns a diplomatic cable, which reportedly went missing from Mr. Khan’s possession. Imran Khan had repeatedly said before and after the no-confidence motion against him last year that the cipher pointed to a conspiracy to remove him from the Prime Minister’s office.

Mr. Khan has been in jail due to cipher case since the Islamabad High Court on August 29 granted him bail in the Toshakhana case in which he was arrested on August 5 from Lahore.

More than 150 cases have been registered against Imran Khan since ouster from power in April last year.

Pakistan’s former Prime Minister Shehbaz Sharif on August 29 slammed Supreme Court Chief Justice Umar Ata Bandial for “favouring” Imran Khan, saying his messages to the lower courts led to the suspension of the sentence of the former Premier and called the verdict a “dark chapter” in the country’s history.

The Islamabad High Court (IHC) on August 29 suspended Mr. Khan’s three-year sentence in the Toshakhana corruption case and ordered his release from jail, in a major relief to the former Pakistan Prime Minister. The Pakistan Tehreek-e-Insaf (PTI) chief was sentenced on charges of unlawfully selling state gifts acquired by him and his family during his 2018-2022 tenure.

A Division Bench comprising IHC Chief Justice Aamir Farooq and Justice Tariq Mehmood Jahangiri announced the much-anticipated verdict which was reserved on August 28. Separately, a three-member Supreme Court bench led by Chief Justice Bandial and comprising Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhail is also set to resume hearing petitions against the Toshakhana case.

Taking to microblogging site X, formerly Twitter, Mr. Sharif said that the IHC had been influenced by the Supreme Court’s leniency toward the PTI chief.

Taking an indirect jibe at Mr. Khan, Mr. Sharif said, “The ‘favourite’s’ sentence has been suspended, not terminated.” “Chief Justice’s message of “Good to see you” and “Wishing you good luck” reached Islamabad High Court. If everyone knows what the decision will be before the decision comes, it should be a moment of concern for the justice system,” the Pakistan Muslim League-Nawaz (PML-N) president said, slamming the court for suspending Mr. Khan’s sentence.

The former Premier further said that when a “clear message” was received from the higher judiciary, the subordinate court would follow suit.

On Wednesday, the apex court, after hearing various petitions against the Toshakhana case, observed that there were “shortcomings” in the judgment of the sessions court.

The panel observed that the verdict was given in haste and without giving the right of defence to the accused. “Prima facie, there are shortcomings in the trial court verdict,” the Chief Justice said.

The Supreme Court had also stated it would wait for the IHC hearing before giving its judgment. It resumed the hearing Thursday but adjourned it without fixing any date after it was told that the IHC was holding a hearing.

Asking why lenience was not extended to his brother and former Prime Minister Nawaz Sharif, Mr. Shehbaz Sharif said, “A monitoring judge was appointed to ensure Nawaz Sharif’s punishment, [and now] the chief justice himself [has become] a monitoring judge to save the ‘favourite’.” “This role of the justice system will be written as the dark chapter of history. Scales tilted to one side, and a justice system that undermines justice are not acceptable,” he said, adding that the law was powerless before those who “sold the watches”.

According to the details of an official inquiry, Mr. Khan allegedly earned ₹36 million by illegally selling three watches gifted to him by foreign dignitaries to a local watch dealer during his tenure as Prime Minister.

“If thieves and state terrorists are facilitated, where will the common man get justice in the country?” Mr. Sharif asked.

Alleging undue leniency by the country’s courts to Mr. Khan, Mr. Sharif said, “Be it May 9, be it an attack on the judicial complex, be it raining petrol bombs on the police, everything is forgiven.” Pakistan saw massive nationwide anti-government protests following the arrest of Mr. Khan by paramilitary Rangers in a corruption case on May 9. Mr. Khan was later released on bail.

Dozens of military installations and government buildings, including the Corps Commander’s House in Lahore and the military headquarters in Rawalpindi, were damaged or torched during the riots. Over 100 vehicles of police and other security agencies were set on fire.

Following the violent protests, law enforcement agencies arrested over 10,000 PTI workers across Pakistan, 4,000 of them from Punjab Province only.

The Toshakhana case was filed by ruling party lawmakers in 2022 in the ECP, alleging that Mr. Khan concealed the proceeds from the sale of state gifts.

The ECP first disqualified Mr. Khan and then filed a case of criminal proceedings in a sessions court which convicted him, and subsequently, Mr. Khan was sent to jail.

Mr. Khan is currently in Attock Jail following his arrest from his Lahore home.

The case alleges that Mr. Khan had “deliberately concealed” details of the gifts he retained from the Toshakhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the Prime Minister from 2018 to 2022 and proceeds from their reported sales.

As per Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.

According to reports, Mr. Khan received 58 gifts worth more than ₹140 million from world leaders during his three-and-a-half-year stint and retained all of them either by paying a negligible amount or even without any payment.

The Islamabad High Court on August 29 suspended Imran Khan’s three-year sentence in the Toshakhana corruption case and ordered his release from jail, in a major relief to Pakistan’s embattled former Prime Minister ahead of the upcoming general elections.

A Division Bench comprising Islamabad High Court (IHC) Chief Justice Aamir Farooq and Justice Tariq Mehmood Jahangiri announced the much-anticipated verdict which was reserved on August 28.

“Decision of District Court [has been] suspended by IHC,” Mr. Khan’s party — Pakistan Tehreek-e-Insaf (PTI) — said in a short WhatsApp message.

The court said that a copy of the judgment will be available shortly.

“The copy of the judgment will be available shortly … all we are saying now is that [Imran’s] request has been approved,” Justice Farooq said.

The Bench also ordered to release the 70-year-old leader on the production of surety bonds worth Pakistani rupees 100,000.

Mr. Khan’s legal counsel Naeem Haider Panjotha posted on X, formerly Twitter: “The CJ has accepted our request, suspended the sentence and said a detailed decision would be provided later.” Mr. Khan’s sentence has been suspended but he was not being released as a special court holding his trial in the Official Secrets Act directed the Attock Jail authorities to keep him in the “judicial lockup” and produce him on August 30 before the court in connection with the cipher case.

Former Foreign Minister Shah Mahmood Qureshi is already in custody in the same case.

The case launched last week alleged that Khan and others were involved in the violation of the secret laws of the country.

The Bench reserved the verdict on August 28 after the rival lawyers concluded their arguments on the suspension of the conviction and three-year sentence handed down to Mr. Khan by Additional District and Session Judge, Islamabad, Humayun Dilawar on August 5 — a move that barred him from contesting general elections.

The former cricketer-turned-politician was sentenced on charges of unlawfully selling state gifts acquired by him and his family during his 2018-2022 tenure. He was also barred from politics for five years, preventing him from contesting an upcoming election.

General elections are scheduled to be held in Pakistan within 90 days after the dissolution of the National Assembly, which was prematurely dissolved on August 10 by President Arif Alvi. However, the polls are likely be delayed as the government has announced that the elections could take place only after a new census was completed and new constituency boundaries drawn.

The exercise could take about four months to complete and means that polls may be delayed till next year.

The government’s announcement had come on the same day when Mr. Khan was arrested after being sentenced to three years in prison for “corrupt practices”.

Mr. Khan challenged his conviction within days and the IHC began a formal hearing on August 22. It adjourned the case on Friday after the lawyer representing the Election Commission of Pakistan (ECP) did not appear due to illness.

Mr. Khan’s lawyer Latif Khosa completed his argument on Thursday, asserting that the verdict was given in haste and was full of shortcomings. He urged the court to set aside the sentence but the defence team demanded more time to complete its arguments.

His party welcomed the IHC verdict, with party Information Secretary Raoof Hasan saying that Mr. Khan’s arrest in any other case after the suspension of his sentence in the Toshakhana case would be “ill-intentioned and mala fide”.

We are fortunate to be witnessing the re-scripting of Pakistan’s political and legal history,” he said, adding that “justice shall prevail”.

However, former premier Shehbaz Sharif expressed its displeasure at the court’s order saying that the sentence was suspended and “not terminated”.

“The Chief Justice of Pakistan’s message of ’good to see you’ and ‘wish you good luck’ has reached the IHC,” he said, claiming that “everyone knew about the verdict before it was even announced”.

“This moment is a matter of concern for our justice system,” Mr. Shehbaz Sharif said. “If a clear message is received from the higher judiciary, what else should the subordinate court do?” Separately, a three-member Supreme Court Bench led by Chief Justice Umar Ata Bandial and comprising Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhail is also set to resume hearing petitions against the Toshakhana case.

On Wednesday, the apex court after hearing various petitions against the Toshakhana case observed that there were “shortcomings” in the judgment of the sessions court.

The panel observed that the verdict was given in haste and without giving the right of defence to the accused. “Prima facie, there are shortcomings in the trial court verdict,” the Chief Justice said.

The apex court had also stated it would wait for the IHC hearing before giving its judgment. It resumed the hearing on Thursday but adjourned it without fixing any date after it was told that the IHC was holding a hearing.

The Toshakhana case was filed by ruling party lawmakers in 2022 in the ECP, alleging that Mr. Khan concealed the proceeds from the sale of state gifts.

The ECP first disqualified Mr. Khan and then filed a case of criminal proceedings in a sessions court which convicted him and subsequently, Khan was sent to jail.

Mr. Khan is currently in Attock Jail following his arrest from his Lahore home.

The case alleges that Mr. Khan had “deliberately concealed” details of the gifts he retained from the Toshakhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the Prime Minister from 2018 to 2022 and proceeds from their reported sales.

As per Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.

According to reports, Mr. Khan received 58 gifts worth more than ₹140 million from world leaders during his three-and-a-half-year stint and retained all of them either by paying a negligible amount or even without any payment.