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ISLAMABAD: Federal Minister for Law and Justice Azam Nazeer Tarar, Thursday, said that Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan deliberately compromised national security by misusing the cypher, a classified document for political gains, saying that punishment for such a crime can be up to 14 years imprisonment.

Addressing a press conference here, Tarar clarified that the cypher, an official classified document, can neither be made public nor shared with anyone, saying that the PTI chief was summoned by the Federal Investigation Agency (FIA) for questioning on July 25 in this regard. He said that the FIA will hold an inquiry into the cypher case against the PTI chief and others under the Official Secrets Act after being tasked by the federal government.

He said that under the Official Secrets Act, there is a two-year sentence for losing the cypher and there is also a 14-year sentence if the secret document was made public for ulterior motives. The law minister asserted that the cypher was not returned to the concerned authorities, adding that the case against the former premier will be thoroughly investigated on merit.

Tarar said that the government wants the inquiry to fulfil merit criteria, adding that national security was compromised by indiscriminate use of the cypher, as evident from the confessional statement of Azam Khan, former principal secretary to the prime minister.

He maintained that the PTI chairman used it for his own political motives. He added that the former premier had not returned the cypher to the concerned institution yet. Tarar said that the baseless narrative on cypher damaged Pakistan's relations with a friendly country.

He said it was unfortunate that the PTI chairman used cypher for political gains. He reiterated the government's resolve to carry out an investigation of the cypher case strictly in accordance with the law.

The minister said the former law minister and the deputy speaker also misused the cypher on the floor of the House. He said the government followed the course of law and enquiry was initiated by the FIA. Tarar said that Imran revealed the contents of the cypher during one of his political rallies, compromising the country’s national security.

He further revealed that misusing diplomatic documents for personal gains can lead to severe penalties, including life imprisonment, adding that if a cypher is used for political motives, a sentence of up to 14 years could be imposed. However, he added that if a cypher is misplaced by mistake, a sentence of up to two years may be awarded according to the law.

The minister highlighted that in specific circumstances, civilians can be tried in military courts. “A full court had already made a decision on the trial in military courts for civilians as in 2015a supreme court bench comprising 17 judges had ruled in favour of the trial of civilians in military courts under certain circumstances.”

“The whole country is aware a drama was staged in the name of cypher. Cypher issue was used for foiling the no-trust motion.” Tarar said that a merit-based investigation will be held into the cypher case. “The penalty for using a classified document for personal gains is 14-year jail.”

To a question regarding civilians’ trials in the military courts, Tarar replied that the trials under the Army Act are continued since five decades. “The actions against the attacks on the military installations are also taken under the Army Act.”

The law minister said that the accused were taken into custody in accordance with the law after seeking court orders. “Accused has the right to appeal in the military courts, as well as hiring a lawyer of his own choice.”

Answering a question regarding elections, he said that there is no need to seek any recommendations from him or any ministry to hold general polls. “It is mentioned in the Constitution to hold elections in 60 days after the dissolution of the assembly. It also mentions to hold elections in 90 days in case of any other reasons behind the assembly’s dissolution.”

Tarar said that the premier will stay in office until the appointment of a caretaker prime minister. “Consultations cannot be held for a caretaker prime minister until the dissolution of the assembly or the completion of the tenure.”

Responding to queries, the law minister said that the entire Pakistan, knows that cypher was used as propaganda and the statement of former principal secretary to the PM, Azam Khan who served at the highest level is significant which totally exposed Imran Khan and his political agenda. He said that it was totally an immature act and is an open and shut case.

He said that so far, Imran Khan is taking cover of a stay order to escape the law on cypher issue, adding that Azam Khan's statement is a legal document and protected under the law. His statement under Article 164 is not classified and is a part of court documents which can be attained by any interested person. Responding to other questions, the law minister said that Azam Khan will appear before a court of law.

He said that the former premier used a classified document to avert the no-confidence motion and to dissolve the National Assembly, adding that in case it is proved in a court of law that the document was used for political gains a punishment of up to 14 years of jail is possible. The PTI chief preferred a stay order than appearing before an investigation agency, he further criticised the PTI chief.

Responding to the questions regarding the acquittal of Pakistan Muslim League (PML-N) leaders in cases related to the National Accountability Bureau (NAB), he said from Shehbaz Sharif to Maryam Nawaz all the PML-N leaders jailed during Imran Khan’s government on various charges are being acquitted from cases under old NAB law, while Imran Khan is seeking relief under new amended law.

Copyright Business Recorder, 2023

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