Former Prime Minister of Pakistan, Imran Khan, and his close associate, former Foreign Minister Shah Mahmood Qureshi, faced a significant legal setback on Monday when they were indicted by a special court on charges including leaking state secrets and violating the country's laws. This development adds to the challenges faced by the two leaders, who could potentially face a death sentence.
The indictment is also likely to make the former prime minister ineligible to contest the general elections expected in January 2024.
Imran Khan, 71, was taken into custody in August following allegations that he had breached the Official Secrets Act by disclosing a confidential diplomatic cable from the Pakistani embassy in Washington in March of the previous year. The charge sheet, filed by the Federal Investigation Agency (FIA) on September 30, invoked sections 5 and 9 of the Official Secrets Act, which carry the possibility of a death sentence or imprisonment ranging from two to 14 years if they are convicted.
Khan's lawyer, Umair Niazi, has vigorously denied the accusations, asserting that they will challenge the indictment in the high court.
According to the charge sheet, Khan is accused of using the diplomatic cable in a "prohibited place (jalsa)" and "willfully communicating" the confidential information to unauthorized individuals, actions that are deemed against the "interest of the State of Pakistan."
Imran Khan's tenure as Prime Minister from August 2018 to April 2022 is marked by allegations that he misused the contents of the cipher to construct a narrative claiming that his government was toppled due to a foreign conspiracy, a charge denied by the United States. The charge sheet also asserts that Shah Mahmood Qureshi "aided and abetted" Khan, making him equally accountable for the alleged misconduct.
The indictment took place in Adiala jail in Rawalpindi during a hearing presided over by special court judge Abual Hasnat Zulqarnain. Following the indictment, the court adjourned the proceedings until October 27 when the formal trial is set to commence.
Speaking to the media, FIA Special Prosecutor Shah Khawar confirmed that the indictment was read out in open court during this hearing. Khan, through his lawyer, expressed skepticism about the charges, asserting that a conspiracy had been orchestrated against him, leading to his government's downfall. He claimed there were no minutes of the meeting in question and alluded to a so-called "London plan" aimed at undermining his party, PTI.
Imran Khan's legal team argued that the suspects should not be indicted until they receive the complete statements of witnesses and the case memorandum, but the court rejected their objections and proceeded with the indictment.
In an interesting side note, Imran Khan's request for a bicycle for exercise in Adiala Jail was granted by Special Court Judge Abul Hasnat Zulqarnain.
This indictment is the latest in a series of legal challenges for Imran Khan, who was removed from power through a vote of no-confidence in April 2022. After a brief incarceration following a three-year prison sentence in the Toshakhana case, which was later suspended by the Islamabad High Court, he was arrested in the cipher case and remained in the Adiala jail on judicial remand.
These developments have significant implications for Imran Khan's political future, including his eligibility to contest the upcoming general elections expected in January 2024, as a conviction could render him ineligible to run for public office.
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