Imran Khan, Qureshi indicted in cipher case; may face death sentence if convicted

Islamabad: Pakistan's former prime minister Imran Khan and his close ally ex-foreign minister Shah Mahmood Qureshi were on Monday indicted by a special court on charges of leaking state secrets and violating the laws of the country, in another blow to the jailed leaders who could now face a possible death sentence.

The indictment is a fresh setback to the chairman of the Pakistan Tehreek-e-Insaf (PTI) as it is likely to make the former cricketer-turned politician ineligible to contest the general elections expected in January 2024.

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 two-time foreign minister Qureshi, 67, was also indicted along with Khan.

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

The FIA invoked in the charge sheet sections 5 and 9 of the Official Secrets Act which may lead to a death sentence, or two to 14 years’ imprisonment if convicted.

Khan's lawyer, Umair Niazi, told the media that his client had denied the crime. He said they would challenge the indictment in the high court.

According to the charge sheet, Khan used the cipher (a diplomatic cable) in a 'prohibited place (jalsa)' and "willfully communicated” the secret information to unauthorised persons, which was against the “interest of the State of Pakistan”.

Khan, who served as prime minister of Pakistan from August 2018 to April 2022, is accused of 'misuse the contents of the cipher' to build a narrative that his government was ousted due to a foreign conspiracy hatched by the US, a charge denied by Washington.

The charge sheet added that Qureshi “aided and abetted” Khan and therefore was liable for the act in the same manner.

Monday's hearing was held at the Adiala jail in Rawalpindi by special court judge Abual Hasnat Zulqarnain.

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

Speaking to the media, FIA Special Prosecutor Shah Khawar said, “Because today’s hearing was meant for indictment, it was read out in open court.” Niazi also said that Khan had questioned the charges against him. The lawyer quoted the PTI chairman as saying that a conspiracy was hatched against him, his government was toppled and there were no minutes of the meeting in question.

He said that Khan was already aware of the “London plan”, the aim of which was to “bulldoze” the PTI.

“Nawaz Sharif plays by colluding with the umpire. He cannot contest elections until he has an umpire of his choice,” the lawyer said.

The lawyer said that according to Khan, “If a big thief is to be released, then the accused in Adiala jail should also be released”.

He was referring to 73-year-old Pakistan Muslim League supremo Sharif, who returned to the country from the UK after four years of self-imposed exile to lead his party in the general elections.

Speaking to reporters, Advocate Usman Riaz Gul, also a member of Khan's legal team, said they informed the court that the suspects could not be indicted until the complete statement of witnesses and case memo were received.

He added that the court rejected the defendant’s objections and indicted Khan and Qureshi.

'PTI chairman and Qureshi had stated that they could not respond to the charges until all the documents related to the case were received,” the lawyer said.

The lawyer further said the PTI chairman’s request for a bicycle for exercise in Adiala Jail was approved.

"Special Court Judge Abul Hasnat Zulqarnain directed the jail administration to provide a bicycle in the jail,” he added.

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

Khan was ousted through a vote of no-confidence in April 2022. He was incarcerated on August 5 this year, after an Islamabad court sentenced him to three years in prison in the Toshakhana case. The PTI chief was lodged in the Attock District Jail to serve his prison term.

Later, his sentence was suspended by the Islamabad High Court, but then he was arrested in the cipher case and remained in the Attock jail on judicial remand. He was later shifted to Adiala jail.