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Evaluating the 10 Years Sentence of Imran Khan and Shah Mahmood Qureshi

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On Tuesday, a special court established under the Official Secrets Act sentenced former Pakistani Prime Minister Imran Khan and former Foreign Minister Shah Mahmood Qureshi to 10 years in jail in the cipher case. The cipher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister.

The verdict comes nine days before the February 8 general elections, which the PTI is contesting amid a state crackdown and without an electoral symbol. Both Imran and Qureshi have been in jail in the run-up to the elections. While Imran’s candidature was rejected, Qureshi was cleared to run for an NA seat from Thar. But today’s conviction means that both of them have been disqualified from contesting elections for the next five years.

This is Imran’s second conviction as he was also convicted in the Toshakhana case on Aug 5, and sentenced to three years’ imprisonment. The Islamabad High Court (IHC) had suspended his sentence. However, a division bench had later rejected Imran’s petition seeking the suspension of the conviction.

This is the former foreign minister’s first conviction.

Special Court Judge Abual Hasnat Zulqarnain announced the verdict in the case. At the outset of the hearing, Imran and Qureshi were given a questionnaire under Section 342 (power to examine the accused) of the Code of Criminal Procedure.

After Imran recorded his statement, the court asked him about the whereabouts of the cipher, to which he replied: “I have said the same in my statement that I do not know. The cipher was in my office.”

The judge then sentenced the two to 10 years in jail in the case. After announcing the verdict, the judge stepped out of the courtroom, at which Qureshi protested that his statement was not recorded.

PTI decries ‘sham trial’, to challenge verdict in IHC

In a post on Twitter, PTI’s official account issued a statement saying that Pakistan stood with Imran and Qureshi “who defended Pakistan and stood for haqeeqi azadi”.

“No such sham trial can change what happened in March-April 2022, on the orders of Donald Lu,” the statement added.

“A complete mockery and disregard of the law in the cipher case shall not lead us to forget our primary responsibility in order to provide justice to Imran and Qureshi.”

The statement urged the public to come out and vote on February 8.

“God willing kaptaan and vice kaptaan will be back soon, and this sentence will be (thrown) in the dustbin in the appeal stage,” it concluded.

PTI leader Gohar Khan said that the special court judge had announced the verdict in haste, adding that proceedings were not being conducted in accordance with the law and the Constitution.

“He asked questions himself and the way our witness was cross-examined, you cannot find any such examples in history,” he said while speaking to the media outside the Islamabad High Court.

He requested all the “well-wishers” of the country to show patience and not react to the court order in any capacity.

“We trust the high and the Supreme Court. At the end of the day, we will eventually get relief. Even if they convict us then it would be quashed […] Do not get angry, don’t take the law in your hands. You do not have to throw a single stone, you should show patience,” he said.

Speaking to the media in Islamabad, Imran’s sister Aleema Khan alleged that someone was “giving instructions” to Judge Zulqarnain.

She said that as the cross-examination of the witnesses had to begin, “names of others started coming forward, including Donald Lu, who sent the message (cipher), and General [Qamar Javed] Bajwa, who received it.”

Aleema said the sentence was given due to the fear of Lu, the US State Department official, and ex-army chief Gen Bajwa being summoned for cross-examination.

She urged “100 per cent” of the voters to voice their opinion in the upcoming general elections, saying there would be “no better revenge” than that.

PTI Secretary General Omar Ayub Khan urged party workers to “remain calm and not indulge in any activity that undermines our traditional stance of a peaceful struggle”.

“We will appeal against this decision in the high court and continue our battle,” he said. “The current kangaroo court ruling will not deter us from foregoing this principle come what may,” he added.

“We should harness and channel these energies for the polling day on February 8 to ensure that PM Imran Khan’s nominated candidates are returned to the assemblies with a thumping majority,” he said.

“Sham trial. Sham decision. It will be reversed. Don’t fall in their trap.

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