By Staff Reporter
ISLAMABAD: The Supreme Court of Pakistan on Friday granted bail to former prime minister Imran Khan and his ex-foreign minister Shah Mahmood Qureshi in a case that accused them of leaking state secrets to the public, but Khan remains in jail facing other charges.
Khan, who was ousted from power in a no-confidence vote in April 2022, is serving a three-year sentence in a separate case of not declaring assets he earned from the sale of state gifts.
He also faces dozens of other charges, ranging from terrorism to attempted murder, that he says are politically motivated.
The bail in the cipher case, which involves an alleged secret diplomatic cable from the US that warned of dire consequences if Khan pursued closer ties with Russia, does not mean Khan will be freed from jail. He remains in custody of the National Accountability Bureau, the country’s anti-corruption watchdog, in two other cases.
Qureshi, who was Khan’s foreign minister during his 2018-22 tenure, has secured bail in all cases against him and could be released from jail unless he is arrested in new cases, his daughter said.
The Supreme Court’s order said there was no sufficient evidence to show that Khan or Qureshi disclosed any information that was in the interest or for the benefit of a foreign power, or that related to any defense installations or affairs.
“The discretion exercised by the high court in denying bail to the petitioners is found to have been exercised perversely, that is, against the weight of the material available, on record of the case, which warrants interference by the court,” the order said.
The court also said the high court had exercised its discretion “perversely” in denying bail to the petitioners, and that it warranted interference by the top court.
The order said Khan’s release on bail “during the period of elections would ensure ‘genuine elections’ and thus enable the people to exercise the right to express their will effectively and meaningfully. There are no exceptional circumstances to decline the concession of bail.”
The cipher saga has been a source of controversy and speculation in Pakistan since Khan waved a letter to a crowd during a public rally last year, claiming it was a cipher from a foreign nation calling for the end of his government. He later identified the country as the US and said the letter spoke of grave consequences if he continued to get closer to Russia.
The US has repeatedly denied Khan’s accusations and said it had no role in his ouster.
The government of Prime Minister Shehbaz Sharif, who succeeded Khan after the no-confidence vote, said Khan’s actions amounted to leaking state secrets and using them for political gains.
A special court was formed in August to try the case. The hearings have been held in Adiala jail, without access granted to media and family members at most proceedings.
Khan’s party, the Pakistan Tehreek-e-Insaf (PTI), has maintained that the cipher case is a “bogus trial” and that Khan is a victim of a political vendetta. The PTI said it welcomed the Supreme Court’s decision to grant bail to Khan and Qureshi.
“PTI has always maintained its position on the nature of this bogus trial,” the party said in a message to reporters.
Khan, a former cricket star who became a popular anti-corruption crusader, came to power in 2018 with a promise to create a “new Pakistan” that would be free of corruption and injustice. However, his government faced multiple challenges, including a struggling economy, a pandemic, a hostile opposition, and a strained relationship with the powerful military.
Khan’s fate now depends on the outcome of the other cases against him, as well as the general elections scheduled for February 2024.
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