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Why PTI chairman’s release from jail appears unlikely?


PTI

ISLAMABAD: The possibility of the immediate release of the former prime minister and the Pakistan Tehreek-e-Insaf (PTI) chairman from Attock jail seems increasingly remote, should his sentence in the Toshakhana reference be suspended.

The ex-premier finds himself entangled in a more intricate legal web due to his alleged involvement in the “cypher” case, an official classified document, and an audio leaks case, all of which fall under the purview of the Official Secrets Act.

This situation dictates that the former premier must pursue legal avenues to seek bail in both these cases within the court system, rendering his predicament even more complex.

In a public gathering last year, the PTI chief brought attention to a diplomatic cable, which he alleged to be the “cypher.”

In his claim, he pointed towards a supposed “foreign conspiracy” aimed at removing him from power. This assertion followed his ousting from office in April, facilitated by a vote of no-confidence.

However, the diplomatic cable reportedly disappeared from Imran’s possession, casting shadows of uncertainty over his claims.

Following a trial court’s verdict on August 5, which found him guilty of falsifying asset declarations to the Election Commission of Pakistan (ECP), the PTI chairman was arrested and sent to Attock jail.

The judicial decision also led to his disqualification for a five-year term, apparently diminishing his prospects for participating in the elections scheduled for November this year.

Naeem Haider Panjutha, the senior counsel of the PTI chairman’s legal team, underscored the significance of Article 10/1 of the Constitution, which mandates prompt notification of arrest and presentation before the court within 24 hours.

Panjutha highlighted that neither the former premier nor his legal team had been informed about his arrest in the cypher case.

In September 2022, an audio clip emerged on social media, allegedly featuring a conversation between the PTI chairman and his then-principal secretary, Azam Khan, regarding the diplomatic cypher.

The audio purportedly captured the PTI chairman saying, “We have to play with this. Don’t take America’s name, just play with this.” A voice attributed to Azam Khan advised convening a meeting on the subject first. Azam reportedly responded, “See, if you recall, in that [cypher] the ambassador has written at the end to [send a] demarche,” according to a report in The Express Tribune.

The Federal Investigation Agency subsequently filed a First Information Report (FIR) against the PTI chairman and Vice-Chairman Shah Mahmood Qureshi. The FIR was registered under the Official Secrets Act and concerned the missing cypher and audio leaks, prompted by a complaint from a former interior secretary following an inquiry.

IHC suspends PTI chairman’s sentence in Toshakhana case

According to the FIR, the roles of the PTI chief’s former principal secretary, Azam Khan, and ex-planning minister Asad Umar will be determined during the investigation.

The FIR alleged that the PTI chairman, Qureshi, and their associates participated in disseminating information from a classified document – a cypher telegram received from Washington – to unauthorized individuals, compromising state security interests.

While Qureshi is presently under arrest and undergoing interrogation by the FIA, the agency conducted two investigative sessions with the PTI chairman within Attock jail.

During these sessions, the PTI chairman provided his statement concerning the missing cypher and the audio leak.

A senior FIA official, speaking to The Express Tribune on condition of anonymity, clarified that the PTI chairman’s investigation under the Official Secrets Act had already triggered his arrest order.

The official asserted that Imran’s release from Attock Jail would be contingent not only on the suspension of his Toshakhana case sentence but also on obtaining bail in the cypher case.

This condition would hold true even if pleas challenging the cancellation of his bail in May 9 cases were accepted.

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