The Cipher Conspiracy Against Imran Khan
In a shocking yet predictable turn of events, a special court delivered a 10-year jail sentence to former Prime Minister Imran Khan and former Foreign Minister Shah Mahmood Qureshi on January 30, 2024, just days before the highly anticipated and deeply contentious General Elections. The Cipher case against Imran Khan stands out as one of history's most absurd legal battles, compounded by the travesty of conducting its trial within the confines of a jail. Throughout these proceedings, due process has been shamelessly disregarded, flouting legal framework and depriving Imran Khan and Shah Mahmood Qureshi of their fundamental right to a fair trial. Khan's legal team found itself unjustly sidelined, denied the opportunity to present their case, or make final remarks.
Some facts about the cipher conspiracy against Imran Khan are:
- After the court granted Imran Khan bail in the sham Toshakhana case for which he was in jail since 5th August 2023, he was re-arrested for an even more farcical “cipher” case in August 2023.
- The cipher in question was sent on 7th March 2022 by Pakistani ambassador to US, Asad Majeed Khan which had the minutes of the meeting between Assistant Secretary of State for South and Central Asian Affairs Donald Lu and Asad Majeed.
- The cipher was withheld from the then Prime Minister Imran Khan, with its contents addressed to the former army chief, retired General Bajwa, threatening him to remove the country’s elected Prime Minister or face dire consequences.
- On 27th March 2023, Imran Khan revealed the threat given in the cipher while addressing a big public rally in Islamabad.
- The decoded copy of the cipher was presented before the entire elected cabinet for an open discussion.
- The cabinet comprising of the government officials de-classified the cipher.
- A meeting of the National Security Council was called on 31st March 2022 and a strong demarche was served to the country in question after Lu’s statements were deemed “Blatant Interference” in Pakistan’s internal matters and politics.
- After Imran Khan's ouster, another meeting of the National Security Council was convened in April 2022, during which the Cipher was presented before the entire committee.
- There was no mention of the cipher gone missing in the 2nd NSC meeting. The council, after evaluating the contents of the cipher, reaffirmed the previous NSC meeting’s assessment.
- The Interior Minister of the PDM government Rana Sanaullah also confirmed that the cipher has not been misplaced and remains secure within the Ministry of Foreign Affairs. FIA also accepted that the original document of the cipher was in the foreign office.
- The cipher was made public by an American non-profit news organization called The Intercept in August 2023. The Intercept confirmed that their source was not Imran Khan or any member of his party. They attributed the whistle blower to be a military official.
- A bill proposing an amendment to the Official Secret Act was passed in a hurry without getting an assent from the President deeming it unconstitutional and illegal.
- The cipher case against Imran Khan used the same bill to falsely accuse him framing the discussion of the cipher as a crime.
- Imran Khan’s principal Secretary Azam Khan was abducted by the regime in the hope to get a falsified statement under duress against Khan regarding the cipher.
- Under the unconstitutional Official Secret Amendment Bill, Former Foreign Minister was also illegally arrested in the cipher case. The FIA was not able to produce any evidence against him or Imran Khan.
- Special courts were set up immediately after unconstitutionally passing this bill. Imran Khan was tried in the same special court, which was established based on an unconstitutional amendment to the Official Secrets Act.
- Imran Khan’s physical remand was given without presenting him in any court which is unlawful.
- Imran Khan’s hearing was set without him, or his legal team being notified and instead of presenting him in a regular court, Attock jail was declared a special Official Secret Act court for all proceedings on this case.
- Imran Khan's legal team challenged the jail trial, and the Islamabad High Court issued a stay order on Imran Khan’s jail trial in the cipher case, halting the proceedings within the jail. However, despite the court orders, the authorities continued to violate the directives.
- Imran Khan's lawyers faced numerous obstacles when attempting to enter the jail, encountering resistance and even being forcibly confined to a room at gunpoint. Furthermore, they were denied the opportunity to cross-examine the witnesses presented in court, a blatant violation of the fundamental rights of a prisoner.
- No independent media were permitted to record the proceedings of this illegal jail trial.
- Despite Imran Khan having an appointed legal team, the judge of the special court denied them the opportunity to defend Imran Khan's case. Instead, the court appointed its own state counsel, a move rejected by Imran Khan and his legal team. Nonetheless, this counsel continued to present the case from Imran Khan's side, evidently attempting to undermine the defense.
- The mainstream media was entirely prohibited from reporting on this trial or disseminating statements from Imran Khan and his legal team throughout the proceedings.
- There were numerous loopholes in the investigation process as well. Between August 15th and August 30th, the FIA team only visited Imran Khan twice for casual meetings in jail. On August 16th, 2023, the FIA requested Imran Khan's physical custody and remand without presenting him in court, a request that was rejected. Consequently, Imran Khan had been in the judicial custody of the FIA for 15 days without public disclosure, raising significant concerns and suspicion.
- Twenty-three witnesses were presented in a single day, with their statements recorded in secrecy, denying Imran Khan's legal team the opportunity to cross-examine them. The proceedings stretched late into the night, seemingly rushed to expedite a verdict before the elections.
Charges Against Khan
Misusing the cipher for personal gains.
The threat contained within the cipher was unequivocally recognized as a blatant interference in Pakistan's internal affairs, acknowledged in two NSC meetings, and prompted the issuance of a demarche. Imran Khan's ousting from power aligned with the threat outlined in the cipher. Subsequently, the content of the cipher, later published by the Intercept, further substantiated its nature as a direct threat to Pakistan. Therefore, the question arises: how could Imran Khan possibly be accused of exploiting the cipher for personal gain?
Exposing the communication in the cipher to unauthorized persons.
If the cipher was de-classified by the elected cabinet at that time, then it ceased to be classified as an official secret. As a result, any utilization of the cipher by Imran Khan would not constitute misuse, as it was now in the public domain and accessible to all authorized personnel.
Stealing, hiding, confiscating the cipher.
The cipher was presented during the NSC meeting in April 2022, and the original document never left the confines of the foreign office; it’s safekeeping was confirmed by the Interior Minister and FIA.
In Conclusion
Imran Khan was accused of disclosing that another country had issued a threat to Pakistan, warning of consequences if the Prime Minister was not removed from office.
Was it true? Yes!
The very nature of this trial underscores the regime's tolerance for blatant interference in Pakistan's internal affairs, while simultaneously demonstrating their displeasure at Imran Khan's disclosure of such interference to the Pakistani people. Adherence to the proper legal framework would swiftly nullify Khan's sentence, highlighting the urgent need for a re-evaluation of the judicial process.
One baseless case followed by another, lacking any substantial evidence, reveals a concerted effort to sideline Imran Khan from the public eye and prevent him from participating in elections. Imran Khan's rising popularity poses a threat to both the establishment and the ruling elite, who are reluctant to relinquish their grip on power, hence they are prepared to violate the law and constitution, going to any extent to achieve their objectives.