The Pakistan court that sentenced former Pakistan Prime Minister Imran Khan for leaking state secrets released its full opinion on Thursday. The court, which sentenced Khan to ten years imprisonment, found that as a result of the actions of Khan and Vice President of Pakistan Tehreek-e-Insaf (PTI) Shah Mahmood Qureshi, “Pakistan has faced serious economic, diplomatic and political consequences.”
The case concerned the actions of Khan and Qureshi following Khan’s removal as PM in 2022. Khan held a rally shortly after his removal, during which he made a speech and held up a document which he claimed proved his removal was orchestrated by a foreign power, alluded to be the US. As a result, Pakistani authorities arrested Khan and Qureshi and charged the two with communication of information to the public “contained in a secret classified document” sent by Pakistani Embassy in the US to the Pakistani Ministry of Foreign Affairs. Both were charged under section 5 of the Official States Secret Act 1923, which states, “Cypher or any information which is sensitive and secret in nature cannot be shared to anyone.”
Tuesday’s judgement was handed down by Judge Abul Hasnat Zulqarnai, who stated the main issues in the case were as follows:
[W]hether cypher was received by the accused and retained un- authorizedly? Whether cypher was dealt with negligent? Whether its contents were communicated to un- authorized persons for the benefit of which directly or indirectly caused foreign powers? Whether the co- accused abated the commission of offence?”
The judge held that “the prosecution has proved its case beyond any shadow of doubt” and both Khan and Qureshi were found guilty. The court confirmed that the cypher Khan presented at the 2022 rally was passed from from Asad Majeed PW, to the then-Ambassador of Pakistan Noman PW, to SPM Azam Khan PW, who then handed the cypher to the former PM. The court also found that Azam Khan “very rightly demanded the copy of cypher back,” but that Imran Khan refused to do so. He subsequently “wrongly misused the cypher” at his rally in a “well planned manipulative lie aimed at rousing populist sentiments in the masses with no regard of its consequences.”
The judge further held that Khan’s actions damaged Pakistan’s “integrity, sovereignty and security” as well as the country’s relationship and trust with the US. He stated that in misusing the cypher, Khan “compromised Pakistan’s international standing, the credibility and standing of our diplomats and diplomacy with adverse implications for our future diplomatic reporting culture.” The judge also highlighted that Khan breached his duty as a PM by misusing the cypher, as the Constitution of Pakistan requires the Prime Minister to “refrain from doing anything which undermines interests of Pakistan.”
In response to the judgement, Khan’s legal team accused the court of breaching the Constitution by not allowing Khan and Qureshi’s lawyers raised their defenses in court and cross examine witnesses during trial. However, the judgment stated that both representatives were given such opportunity and chose not to take advantage of them during trial. The judge stated, “[P]roper and due time was given to the defense to cross-examine” the witnesses, but that the lawyers “voluntarily deprived themselves from [this] valuable right.”
Furthermore, the judge criticized Khan and Qureshi’s conduct in the build up to this trial. He accused them of wasting time by “playing hide and seek” and “filing different applications just in order to protract these proceedings.” The trial was delayed multiple times in November due to safety issues over having an open trial.
Khan and Qureshi’s legal team stated that they will make applications to the Islamabad High Court regarding the convictions, which they view as “against the principles of natural justice.” Khan himself issued a statement on social media following the trial, encouraging his followers to vote for the candidates of his party, PTI, in the upcoming election.