Case filed against Imran Khan under
Secret Act.
August 18, 2023
Foreign envoys did not take any interest in swearing-in of caretaker government of Pakistan.
24-member caretaker cabinet sworn in.
ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan
has been booked under the Official Secrets Act, 1923 in a cipher case.
Informed government sources said that section 5 of the Official
Secrets Act 1923 was used in the FIR registered by the FIA against the former
prime minister a few days ago.
According to media reports, the FIA’s anti-terrorism wing
registered a case against Imran Khan after concluding that Imran khan was
deliberately involved in misusing secret documents. On Thursday, official
sources confirmed when contacted by this correspondent that a case has been
registered against Imran Khan under Section 5 of the Official Secrets Act 1923.
However, the authorities were reluctant to share a copy of the
FIR. Under Section 5, offences, if proved in court, can be punishable with
imprisonment ranging from two to 14 years and in some cases the death penalty.
According to Section 5 of the Official Secrets Act, 1923,
(1) if a person possesses any secret official code or password or any sketch,
plan, model, article, note, document or information relating to a prohibited
place or anything connected therewith, or which has been made or obtained in
contravention of this Act;
or which is provided by trust by a person holding office under
[the Government], or whom that person has acquired or accessed because of his
office, or as a person who has contracted or made an agreement on behalf of the
Government, or as a person who is an employee of a person holding such office
or contract.
a) knowingly discloses the Code or password, outline, plan,
model, article, note, document or information to a person other than the
competent person, court or any necessary official in the interest of the State,
or b) uses the information contained by him for the benefit of any foreign
power or in any other way harms the interest of the State, or c) Keeps the
sketch, plan, model, article, note or document in his possession or control
when he does not have the right to do so, or when it is against his duty to
keep it with himself. Or if he fails to comply with the orders issued by the
competent authority to return or dispose of the item, d) sketch, plan, model, article, note, document,
confidential official code or password or information, or endangers its
security, he shall be guilty of an offence under this section.
(2) If a person voluntarily obtains any secret official code or
password or any sketch, plan, model, article, note, document or information
about which there is good reason to believe that the code, password, outline,
plan, model, article, note, document or information has been provided in
violation of this Act, he shall commit any offense under this section. will be
guilty.
(3) A person guilty of an offense under this section shall be
punishable:
(a) if the offense
committed is in violation of clause (a) of sub-section (1 ) and is intended,
directly or indirectly, in the interest or benefit of any foreign power or the
information pertains to the establishment of defense, weapons, naval, military
or air force or station, mine, minefield, factory, dockyard, camp, ship or
aircraft or otherwise relating to the naval, military or air force affairs of
Pakistan or any otherwise of the State. In such case [with death, or]
imprisonment for a term extendable to 14 years, if it relates to secret
procedures.
(b) in any other case,
with a term of imprisonment which may extend to 2 years, or with fine, or both.
The cipher case against the former prime minister became serious after his
principal secretary Azam Khan deposed before a magistrate and the FIA that the
former prime minister had used American ciphers for his “political
gains” and to block the no-confidence motion against his government. Azam
Khan had said in his confessional statement that when he provided the cipher to
the former prime minister, he looked “happy” and termed the language
written in the cipher as an “American mistake”.
According to Azam Khan, the former prime minister again said
that the cable could be used to “create a narrative against the
establishment and the opposition”.
Azam Khan said that American ciphers were used in
political gatherings by the former prime minister, although he had advised him
to avoid this move.
Azam Khan said the former prime minister had also told him
that cyphers could be used to draw public attention to “foreign
interference” in the opposition’s no-confidence motion.
