Pakistan Tehreek-e-Insaf (PTI) vice-chairman Shah Mahmood Qureshi was brought before a newly established special court in Cipher Case in Islamabad to address cases related to the Official Secrets Act. The court, headed by Judge Abul Hasnat Muhammad Zulqarnain of anti-terrorism court No. 1, has been designated to hear cases under the Official Secrets Act from across the country. The hearing was conducted in-camera, with unauthorized individuals asked to leave the courtroom before proceedings began.
During the hearing, the court reserved its ruling on the Federal Investigation Agency’s (FIA) request for a 13-day physical remand of the PTI leader. Shah Mahmood Qureshi’s arrest occurred two days prior, shortly after he expressed unwavering support for PTI’s founding chairman Imran Khan and affirmed the party’s unity under his leadership.
Qureshi’s arrest is related to the cipher case under the Official Secrets Act of 1923. The arrest followed Qureshi’s admission that PTI leaders had met with diplomats from various countries to discuss topics including Imran Khan’s imprisonment, the cipher controversy, and other political issues. The FIA was investigating Qureshi and Imran Khan in connection with a diplomatic cable allegedly missing from Imran Khan’s custody and was presented as evidence of a “foreign conspiracy” to remove him from his position as prime minister.
The Official Secrets (Amendment) Bill 2023 outlines offenses under the act, including intentionally causing public disorder or acting against the state. Additionally, damaging a prohibited place to benefit the enemy is punishable under the amendment. The accused will be tried in a special court, and a decision will be rendered within 30 days after the completion of the hearing.
The situation changed when President Dr. Arif Alvi revealed that he had yet to sign the Official Secrets (Amendment) Bill and the Pakistan Army (Amendment) Bill, attributing the confusion to his staff’s actions. This revelation caused confusion and turmoil in the country. In response, the caretaker government defended enacting the bills, stating that they became law after the ten days for presidential assent matured.
Caretaker Law Minister Ahmad Irfan Aslam and Caretaker Information Minister Murtaza Solangi addressed the public in a joint news conference. Aslam explained that the president had the option to raise objections to the bills within the stipulated timeframe but chose not to, leading to the automatic enactment of the bills into law. He clarified that the president had only two choices: approve the invoices or send them back with objections.
The Pakistan Army (Amendment) Bill reached the Presidency on August 2, while the Official Secrets (Amendment) Bill was received on August 8. Aslam emphasized that no third option exists, and if the bills are not returned, they automatically become law after ten days.
The development surrounding Shah Mahmood Qureshi’s case and the controversy over the bills highlight Pakistan’s complex interplay between legal procedures, political actions, and constitutional authority. Establishing a special court to handle Cipher Case under the Official Secrets Act reflects the significance of addressing national security and confidentiality issues.
Additionally, the debate around the enactment of the bills underscores the importance of clear communication, adherence to legal protocols, and the role of key figures in the country’s governance.