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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.

Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

IN THE COURT OF ABUAL HASNAT MUHAMMAD ZULQARNAIN,

JUDGE, SPECIAL COURT (OFFICIAL SECRET), CAMP COURT AT
CENTRAL PRISON, Rawalpindi.

Case No:- 01 of 2023

Date of institution: -02.10.2023
Date of decision: -30.01.2024

The State: through Yousaf Naseem Khokhar

Secretary Ministry of Interior Government of
Pakistan

Versus

1. Imran Ahmad Khan Niazi, son of Ikram Ullah

Niazi, aged about 73 years, r/o Bani Gala,
Islamabad

2. Makhdoom Shah Mehmood Qureshi son of

Makhdoom Sajjad Husain Qureshi, aged about
66 years, r/o House No. 03 Street No.52, F/8-4
Islamabad

(Accused)
CASE F.I.R NO. 06/2023, DATED 15.08.2023
U/S 5 & 9 OF THE OFFICIAL SECRET ACT, 1923,
READ WITH SECTION 34 PPC
P.S FIA/CTW ISLAMABAD.

Accused by: Malik Abdur Rehman, advocate and Mr.

Hazrat Younis, advocate representing
accused persons at state expense.
Mr. Sikandar Zulqarnain Saleem, Barrister
Salman Safdar and Mr. Muhammad Usman
Riaz Gill, advocates, on behalf of accused
Imran Ahmad Khan Niazi.
Barrister Taimur Altaf Malik and Syed
Mohammad Ali Bokhari, advocates, on
behalf of accused Shah Mahmood Qureshi.
State by: Raja Rizwan Abbasi and Syed Zulfiqar
Abbas Naqvi, learned SPPs (FIA)
Mian Sabir Hussain, A.D. FIA.

JUDGMENT
30.01.2024.
FACTS
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

Brief facts of the case are that FIR

No.06/2023 was registered on 15.8.2023 against the
accused persons Imran Ahmad Khan Niazi and Shah
Mehmood Qureshi u/s 5 and 9 of the OSA read with
Section 34 of the Pakistan Penal Code, 1860 (PPC) at PS
Counter Terrorism Wing, FIA, Islamabad. As per the
contents of the said FIR, while the accused Imran
Ahmad Khan Niazi was serving as the Prime Minister
and his co-accused Shah Mehmood Qureshi, as Foreign
Minister, they and their associates were involved in the
communication of information (contained in a secret
classified document which was a cypher telegram sent
by Pakistan Representative (Parep) Washington on
07.03.2022 to the Secretary, Ministry of Foreign Affairs
to the public at large. The accused persons Imran
Ahmad Khan Niazi and Shah Mehmood Qureshi were
alleged to have twisted the facts to achieve their ulterior
motive and personal gains in a manner prejudicial to the
interest of State security. They were also alleged to have
held a clandestine meeting at village Bani Gala on
28.3.2022 in furtherance of a conspiracy to misuse the
contents of the cypher in order to accomplish their
nefarious designs. The accused persons Imran Ahmad
Khan Niazi and Shah Mehmood Qureshi were also
accused of having directed the former Secretary to the
Prime Minister, Muhammad Azam Khan, to prepare
minutes of the said meeting by manipulating the
contents of the cypher so as to use it for his vested
interest at the cost of national safety. The accused
Imran Ahmad Khan Niazi deliberately retained in his
custody the accountable copy of the cypher sent to the
Prime Minister’s office never to be returned to the
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Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

Ministry of Foreign Affairs. In the FIR, it was also stated

that the cypher being an official secret document and
classified as such was still in the possession of accused
Imran Ahmad Khan Niazi and that the unauthorized
retention and misuse of the cypher had compromised the
entire cypher security system of the State and secret
communication methods used by Pakistan’s Missions
abroad. The actions of the accused persons were said to
have directly or indirectly benefitted the interest of
foreign powers and caused loss to the State of Pakistan.
The said FIR was registered after an inquiry in the
matter was concluded on 05.10.2022, later on both the
accused were formally arrested and sent to judicial lock
up in instant case. Challan/report u/s 173 Cr. PC was
submitted by the FIA/CTW in court on 02.10.2023 for
trial in accordance with law.

2. It is pertinent to mention here that Honorable

Islamabad High Court Islamabad vide its order in ICA
NO.367/2023 dated 21.11.2023 in his para-8 observed
and clearly directed to this court that the trial of the
instant case will commence from 29.8.2023. The
relevant para-8 is reproduced as under: -

“Consequently, the proceedings with

effect from 29.08.2023 and the trial
conducted in case FIR No.06/2023, dated
15.8.2023 registered under Section 5
and 9 of the Official Secret Act, 1923
read with Section 34 of the Pakistan
Penal Code, 1860 at Police Station
Counter Terrorism Wing, Federal
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

Investigation Agency, Islamabad, in jail

premises in a manner that cannot be
termed as an open trial stand vitiated.”

Then this court proceeded further w.e.f. 29.8.2023. In

terms of proviso to sub section 1 of section 352 of Cr.PC
1898 read with Rule 3 Part A of Chapter 1 of the Volume
III of the High Court Rules and Orders (as applicable)
this court was constrained to hold that the trial of the
accused in the light of notification of Federal
Government No.F.40(68)/2023-A-VIII dated 29th
November, 2023 for jail trial and keeping in view the
direction which was issued by Honorable Islamabad
High Court Islamabad in Criminal No.1664/B/2023
dated 8.11.2023 has directed to conclude the trial
within 4-weeks, hence, further proceedings of the case
were conducted at Central Prison, Rawalpindi
subsequently.

3. The copies were supplied to both the accused

namely Imran Ahmad Khan Niazi and Shah Mehmood
Qureshi on 04.12.2023 and charge was framed on
13.12.2023 to which they pleaded not guilty and
claimed trial. Subsequently prosecution evidence was
summoned and started on 15.1.2024 in shape of
recording of below mentioned PWs: -

PROSECUTION WITNESSES

PW-1 Iqra Ashraf, Director MOFA

stated that on 24.8.2023, she was posted as
Director Spokesperson, MOFA, Islamabad. She
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

handed over attested copy of transcript of press

briefing of spokesperson MOFA dated 25.4.2022
before the IO at FIA Headquarters, Islamabad
who took the same in possession vide memo
Ex.PW1/A, transcript of press briefing dated
25.4.2022 is Ex.PW1/B/1-14, and respective
letter is Ex.PW1/C. Her statement was recorded
by the IO on 15.12.2023 who produced
attested copy of transcript of press briefing of
spokesperson of MOFA dated 25.4.2022 as
Ex.PW1/B/1-14 and letter Ex.PW1/C before
the IO who secured the same vide memo
Ex.PW1/A.

PW-2 Imran Sajid, Deputy Director,

Cypher Security, MOFA, Islamabad stated
that cypher is a coded way of communication
between MOFA and Foreign Missions Abroad or
vice versa. Ambassador of Pakistan provides
plain text to the cypher section of concerned
Embassy and cypher assistant converts the plain
text into literal text and then literal text is further
converted into cypher/encrypted text and then it
is forwarded to the MOFA, Islamabad. In MOFA
above said process is reversed and encrypted
message is converted into plain text. Foreign
Secretary is a competent authority to approve its
(cypher) distribution. For the purpose of safety
and security of cypher system, every copy of
cypher telegram is numbered for the purposes of
tracking and every recipient has to return the
copy of cypher telegram to cypher department for
destruction. Cypher in question was numbered
as I-0678 and it was classified as secret, no
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

circulation with precedence of high priority,

moreover, it is NI action/Most Immediate. Above
said cypher telegram was sent by the then
Ambassador of Pakistan Asad Majeed to Foreign
Secretary MOFA, Islamabad.

On 8.3.2022 his duty timings were from

08:00 a.m. to 02:00 p.m. as a Cypher Officer,
Crypto Centre, MOFA, Islamabad. Muhammad
Noman, Cypher Assistant handed over to him
above said cypher telegram after numbering the
same for further necessary action. He dispatched
the above said cypher telegram to Foreign
Secretary Office of approval of its distribution. He
did not receive the above said cypher telegram
from the F.S. Office till 02:00 p.m. (my duty
hours). He informed Shamoon Qaiser, Cypher
Officer of his succeeding batch to seek approval
of distribution of above said cypher telegram
from F.S. office and distribute the same
accordingly. He certified the extract of incoming
cypher register Ex.PW2/A and cypher movement
register internal and external which are
Ex.PW2/B and Ex.PW2/C/1-5.

PW-3 Shamoon Qaiser, Deputy

Director Operation, Cypher Section, MOFA,
Islamabad deposed that on 8.3.2022, he was
deputed as a cypher officer in Ministry of Foreign
Affairs, Cypher Bureau, Islamabad. He was
working in evening shift which was from 02:00
p.m. to 08:00 p.m. His predecessor Imran Sajid
told him that a cypher telegram No. I-0678 sent
by PAREP Washington was transmitted by him to
F.S. office for its approval for further
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

transmission. After approval same may be sent

to the approved recipients. He received the above
said telegram from F.S. office and he was
making requisite arrangements for its delivery as
per approval of the F.S. Meanwhile, he received a
call from Director SSP office who told him that
cypher telegram meant for P.M. office would be
distributed by his office. In the light of above said
communication and direction of Director SSP
office Haseeb Bin Aziz, said telegram was
handed over in sealed envelope to Director SSP
office and recepient this regard was issued. He
also endorsed his signatures on the said register.
Cypher telegram i.e.No. I-0678 issued to
Secretary to P.M. office has not been returned in
cypher center, MOFA for destruction. On
18.8.2023, he produced following documents
regarding receiving and movement of cypher i.e.
I-0678 exhibited as Ex.PW3/A (attested by him),
Ex.PW2/A (already exhibited), copy of movement
register internal Ex.PW2/B (already exhibited),
copy of movement register external Ex.PW2/C (1-
5). IO took all the documents in possession vide
memo Ex.PW3/B, signed by him. All cyphers sent
to respective recipients are separately numbered
which is always mentioned on said cypher copy
and super copy. Those separate numbers are not
mentioned in register or anywhere else.

PW-4 Haseeb Bin Aziz, Director FSO,

Foreign Secretary office, Islamabad deposed
that in March, 2022 he was posted as a Director
Secret Section Political in Foreign Secretary
Office, MOFA, Islamabad. His duty was to assist
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

the Director FSO Noman Bashir Bhatti. In fact he

was coordinating and managing day to day
affairs and correspondence of F.S. Office. On
8.3.2022 Noman Bashir Bhatti was not present
on duty because of his ailment and he was
handling his day to day affairs, at about 09:30
a.m. cypher telegram No. I-0678 was received in
his office which was classified as “Secret, no
circulation and for Foreign Secretary only”. Above
said telegram was sent by Parep Washington.
During those days Sohail Mehmood was Foreign
Secretary who reached his office at about 10:30
a.m. He immediately put up the said cypher
telegram before him. On same evening i.e.
8.3.2022 the then Foreign Secretary Sohail
Mehmood approved its distribution at about
07:00 p.m. The then Foreign Secretary instructed
him to distribute the copy of cypher telegram to
the then SPM Azam Khan, who also instructed
him that working copy of the cypher telegram
was to be handed over to F.S. The F.S. further
instructed him that copy of cypher telegram
meant for P.M. office was to be delivered through
his office. He conveyed these instructions to
Cypher Bureau accordingly that cypher telegram
of SPM was to be distributed through our office
and not by cypher bureau. He further instructed
that he should contact Haseeb Gohar, the then
Deputy Secretary, FSA in P.M. office in order to
collect the copy of the then SPM by hand. He
accordingly conveyed this message to Haseeb
Gohar PW. After receiving the cypher telegram
meant for SPM, Haseeb Gohar received the copy
of cypher telegram on the same day i.e. 8.3.2022
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

between 8.45 to 10:00 p.m. Above said cypher

telegram handed over to Haseeb Gohar PW was
in sealed envelope which was marked as “Secret
and to be opened by addressee only”. Extract of
movement register attested and signed by me is
Ex.PW4/A which was taken into possession by
the IO vide seizure memo Ex.PW4/B.

He was further instructed by F.S. that his

working copy was to be given to Ali Sattar, the
then Director, Foreign Minister’s office for
onward transmission to the then Foreign
Minister Shah Mehmood Qureshi. Accordingly,
he handed over the said copy to Ali Sattar in a
sealed envelope marked as “Secret and to be
opened by the addressee only”. Working copy
handed over to Ali Sattar was received back on
next day i.e. 9.3.2022 at about 11:00 a.m.
through Fahad Saleem, the then Assistant
Director, Foreign Minister office.

On 27.9.2023 he was asked by the FIA to

update regarding status of 9-copies of cypher
telegram No. I-0678. After obtaining the
instructions from F.S. and getting information
from Cypher Bureau he informed the FIA that all
copies of cypher telegram were returned and
destroyed except copy of SPM vide letter/report
Ex.PW4/C which bears his signature.

PW-5 Jawad Ali Chatta deposed that in

the month of August, 2023 he was posted as
Director SSP MOFA, Islamabad. He is/was
custodian of all the master copies of cypher
telegrams. He was contacted by the FIA on 18 th
August, 2023 to provide a master copy of cypher
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

telegram No. I-0678 dated 7.3.2022 which

was/is in safe custody of SSP section. In
response, he informed the concerned FIA
officials that it was highly classified document
copy of which cannot be provided.

PW-Nadir Khan, he was posted as a

Deputy Director Monitoring, PEMRA
Headquarters, Islamabad. He has provided the
FIA DVD Ex.PW6/1 containing clips and
transcripts of speeches/interviews of Imran
Ahmad Khan Niazi downloaded by him. DVD
contained 7 clips of speeches and interview of
Mr. Imran Ahmad Khan Niazi dated 27.3.2022
(transcript Ex.PW6/A/1-18), 30.3.2022
(Ex.PW6/B), 01.4.2022 (Ex.PW6/C), 2.4.2022
(Ex.PW6/D), 4.4.2022 (Ex.PW6/E), 15.5.2022
(Ex.PW6/F) and interview dated 1.10.2022
(Ex.PW6/G). Above said DVD Ex.PW6/1 also
contained record of speeches of Shah Mehmood
Qureshi dated 27.3.2022 and 9.4.2022
(transcript of speech dated 27.3.2022 is
Ex.PW6/H/1-4 and 9.4.2022 is Ex.PW6/J/1-4).
IO took the same into possession vide memo
Ex.PW6/K.

(At this stage, learned prosecutor requested

the court to play the DVD. so that witness
may verify its contents.

Court observations: DVD has been played in

court, contents of which have been verified
by the witness it was the same DVD which
was downloaded by him and provided to the
IO.)
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

PW-7 Sajid Ullah, deposed that he was

posted as an Assistant Director US-1, MOFA,
Islamabad. He has joined the investigation in
August, 2023. He has produced attested copy of
internal note dated 28.3.2022 initiated by
Additional Secretary (Americas) about his
correspondence with U.S. Cd’ Affairs with letter.
Above said note is Ex.PW7/A. His covering letter
is Ex.PW7/A/1 which was taken into possession
by the IO vide seizure memo Ex.PW7/B.

PW-8 Sajid Mehmood, deposed that in

March, 2022 he was posted as Deputy Secretary
to Secretary to Prime Minister. His responsibility
included to work as a staff officer to S.P.M. and
provide him secretariat support in disposal of his
official duty. On 8.3.2022 at about 09:00 p.m.
Mr. Haseeb Gohar, Deputy Secretary to P.M.
Office called him and informed that upon
directions of the then F.S., the foreign secretary’s
office had handed over to him a sealed envelope
marked as “Secret, to be opened by addressee
only” with the directions that same was to be
handed over to the then SPM Azam Khan PW. He
told Haseeb Gohar PW that if the matter was
urgent, the envelope could be delivered at the
residence of the then SPM situated in F-6/3,
Islamabad. He (Haseeb Gohar) insisted that he
was under direction to deliver the same by hand.
Thereafter he sent a message to the then SPM
apprising him of the situation. He responded that
he would see it in his office on following day.

On next date i.e. 9th March, 2022 around

09:45 a.m. Mr. Haseeb Gohar PW visited P.M.
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

House and handed over the sealed envelope to

me, which he handed over personally, duly
sealed, to Mr. Azam Khan, the then SPM.

As per procedure the cypher received from

Foreign Office, after perusal by the concerned,
are to be returned to the Foreign Office for
destruction. As per record of the Prime Minister’s
office, the cypher in question was neither
available on the record of the P.M. Office nor
returned to the Foreign Office. A report regarding
where about of the said cypher was submitted on
30.9.2022 which was signed by him, Mr. Haseeb
Gohar PW and Mr. Shoaib Sarwar. Report is
Ex.PW8/A.

PW-9 Muhammad Afzal, deposed that

in August, 2023 he was posted as Section Officer
P.M. Office, Islamabad. He was authorized by
his office to provide the record to the FIA collected
from different wings of P.M. Office. On 25.8.2023,
he has provided following documents to the
investigating officer i.e. minutes of meeting
regarding where about of cypher telegram dated
30.9.2022 (already exhibited as Ex.PW8/A),
press releases of two meetings of NSC dated
31.3.2022 Ex.PW9/A and 22.4.2022 Ex.PW9/B
along with internal note initiated by Haseeb
Gohar which is Ex.PW9/C. Above said
documents were taken into possession by the IO
vide seizure memo Ex.PW9/D.

PW-10 Muhammad Sibtain Khan,

deposed that in the month of October, 2022 he
was posted as Assistant Director, FIA Cyber
Crime Wing, Islamabad. His qualification is Ph.D.
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

in Information Security. He is also certified digital

forensic investigator. He has submitted a
technical report regarding leaked audios of the
then P.M. and his associates over the surface
web pertaining to cypher. He has searched on
surface web regarding the leaked audios
publically available on different social media
platforms. He has extracted all such audios and
their available links i.e. URL and prepared a
transcript of two audios and prepared a report
which is Ex.PW10/A/1-7 along with letter
Ex.PW10/B, CD containing two audios provided
to the IO is Ex.PW10/1 which was taken into
possession by the IO vide memo Ex.PW10/C.

(At this stage, learned prosecutor requested

the court to play the C.D. so that witness
may verify its contents.

Court observations: C.D has been played in

court, contents of which have been verified
by the witness it was the same C.D.)

PW-11 Muhammad Azam Khan,

stated that he served as Secretary to the Prime
Minister (SPM) from August, 2018 till 9 th April,
2022 i.e. one day before the last day of the then
Prime Minister Imran Ahmad Khan Niazi. He
received a call from the Foreign Secretary late
evening regarding the cypher telegram and the
F.S. told him that he is sending over a copy of the
cypher. The then Foreign Minister Shah Mehmood
Qureshi had already talked to the then P.M.
about it and it needed to be given to the Prime
Minister in the morning. The next morning most
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

probably it was 9th March, 2022 (however the

date may be confirmed from record of MOFA and
P.M. office) his staff (D.S) gave him the cypher
copy which he took before the P.M. Imran Ahmad
Khan Niazi who said that the Foreign Minister
Shah Mehmood Qureshi had already talked to
him about it and he was keen to read it. He took
the cypher copy and when he read it, he got
excited. The cypher copy contained details of our
Ambassador’s meeting with U.S. officials. The
Prime Minister Imran Ahmad Khan Niazi said
that the U.S. officials have blundered by saying
what they said in the said cypher message. He
said that it seemed that it was a sort of
messaging to internal actors and can be used to
expose collusion of the then COAS and opposition
parties to change the elected government. He also
said it can be used to defeat the vote of no
confidence as the cypher message clearly
mentions vote of no confidence and the two
scenarios related to its successful failure. The
P.M. perceived it as external interference in
internal affairs of the country. The Prime Minister
kept the cypher copy with him for further
reading. Later after a few days when he inquired
about the said cypher copy, the Prime Minster
said it had been misplaced and he directed his
Military Secretary, ADCs and personal staff to
look for it. On the subsequent occasion, the Prime
Minister Imran Ahmad Khan Niazi said he
wanted to take the public into confidence to show
how his government was a victim of conspiracy
between external and internal actors based on
the threat communicated in the cypher copy. He
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advised the P.M. Imran Ahmad Khan Niazi that

the cypher copy being a decoded document, its
specific sequence of words cannot be disclosed to
the public. He needs to hold formal meeting with
the Foreign Minister and Foreign Secretary,
MOFA as they were the political and bureaucratic
heads of the Ministry from which the cypher copy
has been received. He advised that in the said
meeting the Foreign Secretary would read out the
cypher message from the master copy of the
cypher available with MOFA, he will record the
minutes so that whatever decision is taken has a
formal record. Subsequently, a meeting was held
in Bani Gala which was chaired by the then
Prime Minister, the then Foreign Minister and
Foreign Secretary attended. He was present to
record the minutes. In the said meeting, the
Foreign Secretary read out the cypher message
from the master copy of the cypher available with
MOFA. If he recalls correctly the decision taken
was to put the matter before the Federal Cabinet
which is the Federal Government. The exact date
of the meeting would be mentioned in the
minutes of the meeting. Most probably it was the
last few days of March, 2022. Consequent to that
a Cabinet meeting was held. In it the
representative of MOFA read out the cypher
message from the master copy of the cypher
available with MOFA. If he recalls correctly one of
the decision was taken to put the matter before
the National Security Committee (NSC). The NSC
meeting was held (however the date may be
confirmed from record). Its minutes were
recorded by the National Security Division. If he
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
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recalls correctly one of the decision was to issue

a demarche to the concerned country for
interference in the internal affairs of Pakistan.
Cypher copy when received is to be returned in
due course (maximum one year he thinks) to
Crypto Centre MOFA. In this case, the said
cypher copy was not returned to him till the time
he relinquished charge as SPM to the then Prime
Minister Imran Ahmad Khan Niazi which has
been misplaced by him and he had directed his
M.S. and personal staff to search for it number of
times and they were still searching for it.
However, the then P.M. waved a paper in public
gathering implying that it contained the threat
but as he did not open or read it therefore he
does not know what the paper was. His
statement u/s 161 Cr. PC was recorded by the
IO and u/s 164 Cr. PC was recorded by the
Magistrate without oath which is Ex.PW11/A (1-
11). Each and every page of the said statement
was signed by him. The statement had already
been de-sealed and witness identified the same.

(Note: The statement has been de-sealed on

23.12.2023 under the law during
examination in chief of witness, however, in
the light of order dated 11.01.2024 passed
in Crl. Revision Petition No.200/2023 by the
Honorable Islamabad High Court,
Islamabad, the proceedings conducted after
14th December, 2023 were declared of no
legal consequence, hence, statement of
witness is being reduced into writing today
and said de-sealed statement u/s 164 Cr. PC
be considered legal in the light of above said
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
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observations. Since statement u/s 164 Cr. PC

was already de-sealed and recording of
statement of present PW pertaining to de-
sealed document which was already de-
sealed must be considered part and parcel
of statement which has been recorded and
exhibited today).

PW-12 Anees ur Rehman deposed that

in the month of August, 2023 he was posted as
Technical Assistant in FIA CCRC, Islamabad. His
qualification is M. Phil in computer sciences with
specialization in Cloud computing in information
sector. His Additional Director FIA CCRC
Islamabad assigned him a task to prepare a
report regarding the propaganda of hostile states
regarding cypher in the view of accused persons
Imran Ahmad Khan Niazi and Shah Mehmood
Qureshi. He analyzed the surface web, social
media, YouTube, and collected the digital
evidence regarding the interviews/speeches of
the accused persons Imran Ahmad Khan Niazi
and Shah Mehmood Qureshi regarding cypher.
He extracted the URLs and preserved the videos
from internet, social media regarding
abovementioned contents. He made a C.D.
Ex.PW12/1 in which he put up all the evidences,
then he prepared technical analysis report V.1.0
which is Ex.PW12/A/1-24 which bears his
signature on the last page of the report and the
initials on the each and every page of the report.
He produced the report along with C.D. to the IO
who has taken the same into possession through
 18
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

seizure memo Ex.PW12/B which was duly

signed by him.

(At this stage, learned prosecutor requested

the court to play the C.D. so that witness
may verify its contents.

Court observations: C.D has been played in

court, contents of which have been verified
by the witness it was the same C.D.)

PW-13 Javed Iqbal deposed that in

March, 2022 he was posted as a Superintendent
Prime Minister’s office, Islamabad. In the month
of August, 2023 he has presented daily register
agenda/engagements of P.M. dated 28.3.2022
which was Monday. As per daily agenda, no
meeting of P.M., SPM, F.S. or P.M. was scheduled
on 28.3.2022. Above said agenda dated
28.3.2022 is presented by him as Ex.PW13/A
which was taken into possession by the IO vide
recovery memo Ex.PW13/B which is duly signed
by him.

PW-14 Hidayat Ullah Baitani stated

that in the year 2022 he was posted as Section
Officer, National Security Division, Islamabad. He
received a requisition from FIA vide their letter on
4th November, 2022 for providing record
pertaining to meetings of National Security
Committee dated 31.3.2022 and 22.4.2022. This
matter was brought in the notice of Prime
Minister being Minister Incharge National
Security Division and Chairman National Security
Committee. It was observed by the Prime Minister
that all minutes of National Security Committee
 19
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

has been classified as secret because of its

nature therefore those cannot be supplied to the
FIA. It was further observed that if FIA team
wants to peruse the same, they can. Letter dated
22.2.2023 is Ex.PW14/A was taken into
possession by the FIA vide seizure memo
Ex.PW14/B.

PW-15 Muhammad Ashfaq deposed

that on 4th November, 2022 he was posted as
Deputy Secretary, Cabinet Division, Islamabad.
They received a letter from the FIA for requisition
of record/minutes of cabinet meeting which was
responded to the effect that above said minutes
were classified as secret and those could only be
provided to the members of the cabinet for their
perusal with further direction to return within 24
hours and those minutes could not be provided to
the Secretaries of the Division. In consultation
with P.M. office it was decided that if some
investigating agencies or court required those
documents could only be shared in camera for
reading only. To this extent it was responded
vide letter Ex.PW15/A which was taken into
possession by the FIA vide memo Ex.PW15/B.

PW-16 Yousaf Naseem Khokhar

deposed that he was posted as a Secretary,
Interior till March, 2023. Pursuant to the
recommendation of the FIA dated 6 th October,
2022 and advice by the Law & Justice Division
tendered to the M/O Interior on 11th October,
2022 in response to Ministry’s letter dated 10th
October, 2022 and the cabinet decision dated
 20
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

30th September, 2022, M/O Interior on 13th

October, 2022 authorized the FIA on behalf of
the Federal Government to file a complaint u/s
13 (3) of OSA, 1923 against persons involved in
this matter in the court of appropriate jurisdiction
and in accordance with law. Complaint is
Ex.PW16/A which bears his signature
Ex.PW16/A/1. He endorses its contents.

PW-17 Muhammad Awaid Irshad

deposed that on 16th of August, 2023 he was
posted as an Assistant Commissioner I-9,
Islamabad. On the said date, witness
Muhammad Azam Khan came to his office along
with IO of a case FIR No.6/2023 u/s 5 & 9 of
OSA with request to record a statement of a
witness u/s 164 Cr. PC through an application
duly marked by the District Magistrate,
Islamabad to him which is Ex.PW17/A. He
insured the free will and voluntariness of the
witness and in order to insure, he expel all the
persons from my office except himself and
witness Muhammad Azam Khan. Thereafter he
conducted inquiry from the witness regarding his
free will and to ascertain his voluntariness and
absence of duress. Above inquiry portion of
statement is “A to A” of already Ex.PW11/A/1-
11. After being insured that there was no
pressure on the witness and he was available
with all his free will in order to record the
statement, he gave him an hour time to the
witness to think over. After lapse of an hour,
witness was called for recording of his statement
u/s 164 Cr. PC and he got recorded his
 21
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

statement, portion of his statement is “B to B”

and my certificate is portion “C to C” in
Ex.PW11/A/1-11. He got signature and thumb
impression of the witness on each and every
page of his statement. Thereafter he handed over
copy of said statement to the IO and original
statement was sealed in envelope which is
Ex.PW17/B.

Note: The statement has been de-sealed on

23.12.2023 under the law during examination in
chief of witness, however, in the light of order
dated 11.01.2024 passed in Crl. Revision Petition
No.200/2023 by the Honorable Islamabad High
Court, Islamabad, the proceedings conducted
after 14th December, 2023 were declared of no
legal consequence, hence, statement of witness is
being reduced into writing today and said de-
sealed statement u/s 164 Cr. PC be considered
legal in the light of above said observations.
Since statement u/s 164 Cr. PC was already de-
sealed and recording of statement of present PW
pertaining to de-sealed document which was
already de-sealed must be considered part and
parcel of statement which has been recorded and
exhibited today. (Although the similar note
also has been given while recording the
examination in chief of PW11 Azam Khan,
since it is interlinked with the instant PW,
hence, the reproduction of the said note in
the examination in chief of Awaid Irshad is
placed for the purpose of legal clarity.)

PW-18 Sohail Mahmood deposed that

in March, 2022 he was posted as a Secretary,
 22
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

MOFA, Islamabad. On 8th March, 2022 he was

telephonically contacted by Ambassador of
Pakistan in Washington, who informed him about
his meeting dated 7.3.2022 with U.S. Assistant
Secretary of the State for South and Central Asia
at his residence in Washington D.C. In the above
said meeting, Ambassador was accompanied by
Deputy Head of Mission, Councilor and Defense
Attaché. Assistant Secretary (US) was
accompanied by Deputy Assistant Secretary. The
Ambassador underlined the sensitivity of the
matter and informed him that he had sent a
communication in this regard to MOFA through a
cypher telegram. He reached his office at about
10:30 a.m. and received a copy of cypher
telegram No. I-0678 categorized as “No
circulation and Foreign Secretary only” sent by
Ambassador of Pakistan in Washington. He
approved the distribution of cypher telegram with
instructions that copy of SPM may be handed
over to him by hand in a sealed envelope. His
office complied with his instructions and sealed
envelope of cypher telegram was handed over by
his office to Mr. Haseeb Gohar PW, D.S. (FSA) for
further transmission to SPM on 8th March, 2022.

On 27th March, 2022 there was a public

gathering wherein former P.M. Imran Ahmad
Khan Niazi waved a letter. On 28 th March, 2022
he received an internal note from our Additional
Secretary Americas informing that he had been
contacted by U.S. C. dA who had expressed her
concerns about the public statement made by the
then P.M. Imran Ahmad Khan Niazi on 27 th
March, 2022. While forwarding this note to the
 23
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

then Foreign Minister Shah Mehmood Qureshi, he

advised that it would be prudent to remain
engaged the U.S. and avoid public acrimony. His
noting in this regard already exhibited as
Ex.PW7/A. Purpose of this advice was to protect
the relations of Pakistan with important country
and to avoid public and politicized discussion on
a secret and privileged communication. Above
said note was send to him by Additional
Secretary Americas Faisal Niazi Tirmizi PW. On
28th March, 2022 around mid-day he received a
call to reach Bani Gala immediately for a
meeting. It was not a prescheduled meeting and
was called at a short notice. He was also not
aware of its participants beforehand. He noticed
that besides the P.M. Imran Ahmad Khan Niazi,
the then Foreign Minister Shah Mehmood Qureshi
and SPM Azam Khan were also present. He was
handed over a telegram which was earlier in the
day given to the Foreign Minister’s office at his
request, he was asked to read it out. During the
reading, other participants of the meeting
commented on the conversation between the U.S.
Assistant Secretary of the State and the
Pakistani Ambassador in Washington. The
meeting was short and it ended without any
decision or conclusion. He took the copy of cypher
telegram with him and handed it over to Director
FSO for safe custody. He was not asked to
prepare any minutes of the above said meeting
nor any minutes were prepared by the P.M.O or
agreed to by the MOFA. Purpose of the meeting
was not clear.
 24
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

On 8th April, 2022 there was a cabinet

meeting considering the question of
“Declassification of cypher telegram”. The
Secretary Cabinet, Secretary Law & Justice and
he being a foreign secretary was asked to share
views. In his briefing he underlined that
declassification of cypher telegram was neither
possible nor advisable in view of the cypher
security guidelines, the legal position and the
foreign policy implications. He noted that cypher
security guideline allows sharing of cypher
telegram with authorize persons. In past there
was no example of declassification of cypher
telegram nor there was any legal provision in this
regard primary reason being disclosure of text
could compromise the cypher communication
system. He also added that it could affect the
working of the missions and the Ministry as the
trust underlying confidential exchanges with
foreign interlocutors could be undermined. It
could also affect relations with U.S and some
other countries and strained relations with U.S
could also complicate the matter with multi-
lateral financial institutions. The Secretary Law
and Cabinet for their part cited provisions of the
Official Secrets Act which precluded the
declassification. After protracted deliberations, it
was decided to have in camera briefing in the
Parliament on the authenticity and salient
features of Cypher telegram to be provided by the
MOFA.

By the time he retired from the MOFA on

29th September, 2022 the SPM’s copy of the
cypher telegram was not received back in the
 25
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

MOFA. At some stage in March, the SPM

informally mentioned to me that the Prime
Minister Imran Ahmad Khan Niazi could not
locate his copy of the cypher telegram in his
papers and if another copy could be provided. He
was informed that it was numbered copy and
should be located.

PW-19 Muhammad Nauman presently

posted at Pakistan Embassy Parep
Washington deposed that he was performing
his duty as a cypher assistant in MOFA,
Islamabad. On 8th March, 2022 he had morning
duty from 08:00 a.m. to 02:00 p.m. Being cypher
assistant his duty was to receive and decrypt the
cypher telegram and transmit it to my seniors as
per SOPs and cypher instructions. On morning he
joined his duty and received a telegram from
Parep Washington. He downloaded the above
said message, numbered it as I-0678 and after
decrypting handed it over to his cypher officer
Mr. Imran Sajid. Entry in the cypher register is
already exhibited as Ex.PW3/A.

PW-20 Aftab Akbar Durrani deposed

that presently he is serving as Secretary, M/O
Interior, Government of Pakistan, Islamabad. He
has been duly authorized by the Federal Cabinet
vide MOI Notification No.8/85/2020-Law dated
18th February, 2021 and on the recommendation
of the agency (FIA) authorized the agency to file a
case/complaint against in the court of competent
jurisdiction for the purpose of prosecution and
taking cognizance u/s 5 & 9 of the OSA, 1973
 26
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

read with r/w section 34 PPC against the

persons nominated/involved in FIR No.6/2023
under the rules and law. His letter in this regard
is Ex.PW20/A which is duly signed by him.

PW-21 Asad Majeed Khan deposed

that he was in BS-22 in Foreign Services of
Pakistan and served as Foreign Secretary,
MOFA, Islamabad until August, 2023. Before this
appointment, he served as Ambassador of
Pakistan in USA from January, 2019 to March,
2022. On 7th March, 2022 he arranged a working
lunch with Donald Luo Assistant Secretary of the
State South and Central Asia (USA) accompanied
by Deputy Assistant Secretary of the State
Department South and Central Asia. It was a pre-
planned working lunch hosted by Pakistan as
during Covid US State Department was not
receiving Foreign Ambassadors at their premises
so it was hosted by me at the Pakistan House.
During the lunch he was assisted by Deputy
Head of Mission Naveed Safdar Bukhari,
Defense Attaché Brig. Noman Awan and Political
Councilor Qasim Mohy-ud-Din. The lunch
continued for 1 ½ hour and both sides were
aware that it was minuted. Above said
conversation was communicated by him through
cypher to the Islamabad which was a way to
communicate to foreign office on important and
sensitive matter. In his communication he did not
use the word threat or conspiracy. It was a
political conclusion drawn by the leadership in
Islamabad. The communication was addressed
to the Foreign Secretary, who shared it with all
concerned consistent with his competence.
 27
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

Subsequently he was called in the meeting of

NSC on 22nd April, 2022. Prior to that NSC
recommended demarche to be issued to the US
Embassy in Islamabad and State Department in
Washington as suggested by him. During the
NSC meeting based on the input of all the
stakeholder, it was determined that there was no
conspiracy. The same was position was
reiterated by MOFA. The cypher episode was a
setback to Pakistan US bilateral relationship and
carried adverse implication for future diplomatic
reporting culture.

PW-22 Farrukh Abbas Kiyani

deposed that in the month of March, 2022 he
was working as a cameraman in PTV and
deputed in P.M. House. On public gathering held
on 27.3.2023 he was present there as a
cameraman for the coverage of said public
gathering at Parade Ground, Islamabad. For the
coverage of above said event there was main
O.B., Mini O.B., 10 cameras, JIB, Drowns and
DSNG. The then Foreign Minister Mr. Shah
Mehmood Qureshi addressing the gathering said
that he had secrets which he had delivered to
then P.M. Imran Khan Niazi. Thereafter the then
P.M. Imran Khan addressed the gathering who
took out a paper from his pocket and waved in
front of gathering and said that it was a proof of
conspiracy and foreign interference in the
internal affairs of our country and then he put the
said paper in his waist coat. He handed over
video recordings of speeches of the then F.M. and
P.M. to the IO which is Ex.PW22/1 which was
 28
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

taken into possession by the IO vide memo

Ex.PW22/A which bears his signature.

(At this stage, learned prosecutor requested

the court to play the C.D. so that witness
may verify its contents.

Court observations: C.D has been played in

court, contents of which have been verified
by the witness it was the same C.D. and
recording of jalsa where he was present and
later on provided its recording.)

PW-23 Faisal Niaz Tirmizi deposed

that f rom September, 2020 to October, 2022 he
served as Additional Secretary Americas, MOFA,
Islamabad. On 28.3.2022 he received a Whats-
App message from U.S. C. dA Angella Agglor
wherein it was mentioned that she wanted to
hand carry a document which was waved by the
then P.M. in a public rally in Islamabad on 27 th
March, 2022 alleging U.S interference in
Pakistan’s internal affairs. She further mentioned
in her message that above said message did not
play well in D.C. He shared that WhatsApp
message(which is already exhibited as
Ex.PW7/A) to the Foreign Minister and the
Foreign Secretary. He also wrote a note to the
Foreign Secretary on that WhatsApp message.
He immediately received a call from the then
Foreign Minister that cypher message could not
be shared with the U.S. C.dA. On 30 th March,
2022, He received a call from Director FSO that
he had to brief the Cabinet on the cypher
telegram received from Washington D.C. as the
 29
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

Foreign Minister and Foreign Secretary were

travelling to China. That cypher telegram was
handed over to him by the Director FSO at 14:25
hours which he carried to the Prime Minister
office, Islamabad. The Cabinet was briefed on
that message. After the briefing Cabinet said
cypher telegram was returned to Director FSO.
On 31st March, 2022 at 22:45 hours he was
asked to deliver a demarche to the acting U.S. C.
dA Richard Snelsire on the U.S. interference in
Pakistan internal affairs. His two statements
were recorded by the IO.

PW-24 Haseeb Gohar, deposed that in

March, 2022 he was posted as Deputy Secretary
Foreign and Social Affairs, P.M. Office,
Islamabad. One of his responsibility was to
receive cypher from J.S. FSA which were
addressed to SPM. On the instructions of J.S.
FSA, they used to place such cypher telegrams
for the perusal of SPM. On 8th March, 2022
around 09:00 p.m. he received a call from
Director FSO Haseeb bin Aziz who informed that
Foreign Secretary directed him to deliver a
cypher available in the office of Foreign Secretary
to the SPM. He briefed/informed his J.S. about
the instructions of the Foreign Secretary. Upon
the instructions of the F.S. he received a sealed
envelope which was classified as “Secret and to
be opened by the addressee only” for onward
transmission to the SPM. He informed Joint
Secretary FSA and D.S. to SPM Sajid Mehmood
PW about the instructions of F.S. to deliver sealed
envelope to SPM. D.S. SPM Sajid Mehmood PW
 30
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

upon seeking instructions from the SPM conveyed

him to deliver the sealed envelope tomorrow i.e.
next morning 9th March, 2022. On 9th March,
2022 after showing the same sealed envelope to
JS FSA, the same was delivered to D.S. SPM
Sajid Mehmood around 09:45 a.m.

As per practice in vogue, cypher telegrams

were required to be returned to the cypher office
after perusal of the concerned recipient. By the
time he was serving the P.M. office, FSA wing
had not received the cypher telegram received by
SPM.

On 30th September, 2022 new SPM inquired

about the cypher telegram received by the earlier
SPM, copy meant for the then P.M. In this context
a joint statement was signed by him, D.S. SPM
Sajid Mehmood and J.S. Shoaib Sarwar which is
Ex.PW8/A. A separate note was also initiated by
him regarding the receipt of the cypher telegram
which was delivered to the SPM as stated above
(already exhibited as Ex.PW9/C).

PW-25 Mian Sabir Hussain (IO) deposed

that in the month of October, 2022 he was posted
as Assistant Director Investigation in FIA/CTW,
Islamabad. On 5th October, 2022 inquiry
No.111/2022 was registered in FIA CTW,
Islamabad upon the directions of D.G. FIA on the
basis of decision of the Federal Cabinet received
in FIA through M/O Interior. An inquiry team was
constituted by the D.G. FIA and he was also a
member of the inquiry team. Formal complaint
already exhibited as Ex.PW16/A by the then
 31
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

Secretary MOI. After bringing on record the

relevant documentary and oral evidence, the
inquiry team concluded the inquiry and
recommended the registration of case under
provisions of the OSA, 1923. Formal FIR
No.6/2023 dated 15.8.2023 was registered in
FIA CTW, Islamabad which is Ex.PW25/A bears
his signature. On the same day i.e. 15.8.2023
the Director General, FIA constituted investigation
team and he was member of the investigation
team and nominated as IO. After seeking
permission Ex.PW25/B from the court in the
District Jail, Attock. His application is
Ex.PW25/B/1. The nominated accused Imran
Ahmad Khan Niazi was investigated in District
Jail, Attock and after interrogation by the
investigation team the accused was found
connected with commission of offence mentioned
in the FIR. Therefore, his arrest was affected in
the instant case in District Jail, Attock as he was
already confined there in some other case.

On 16.8.2023 request for physical remand

of the accused Imran Ahmad Khan Niazi was
submitted before the court which were turned
down and the accused was committed to the
judicial custody till 30.8.2023. On the same day,
Muhammad Azam Khan, former SPM has joined
the investigation. His statement was recorded
u/s 161 Cr.PC. Furthermore, he volunteered to
get recorded his statement before a Magistrate
u/s 164 Cr.PC. In this regard, application
already exhibited as Ex.PW17/A was submitted
to the District Magistrate, Islamabad which was
marked to the A.C. Industrial Area, Islamabad.
 32
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

The witness was taken to the court of A.C.

Islamabad PW who recorded his statement u/s
164 Cr. PC as per law. The certified true copy of
the statement was obtained and made part of the
record.

The co-accused Shah Mehmood Qureshi

was arrested on 19.8.2023 after getting his
physical remand, he was sent to judicial custody
on 30.8.2023.

During investigation, on 15.8.2023 the

technical report regarding leak audios relating to
cypher telegram already exhibited as
Ex.PW10/A/1-7 along with C.D. already
exhibited as Ex.PW10/1 was seized from
Muhammad Sibtain Ahmad Khan, technical
expert, FIA Cyber Crime Wing vide seizure memo
already exhibited as Ex.PW10/C signed by me
and witness.

On 18.8.2023, the documentary record

pertaining to receipt and distribution of the
cypher telegram i.e. I-0678 was seized vide
seizure memo duly signed by me and witness
already exhibited as Ex.PW3/B from Mr.
Shamoon Qaiser Hassan, Deputy Director,
MOFA. The details of documents are that certified
copy of page of cypher register Ex.PW3/A,
Ex.PW2/A, copy of movement register internal
Ex.PW2/B, copy of movement register external
Ex.PW2/C/1-5. On the same day, the DVD
Ex.PW22/1 comprising video recording of PTI
Jalsa on 27.3.2022 containing speeches of
former Prime Minister Imran Ahmad Khan Niazi
and former Foreign Minister Shah Mehmood
 33
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

Qureshi was seized from Farrukh Abbas

Cameraman PTV vide memo already exhibited as
Ex.PW22/A signed by him and witness.

On the same day i.e. 18.8.2023 the

transcripts of speeches and media talks of the
accused persons are already exhibited as
Ex.PW6/A (1-18), Ex.PW6/B, Ex.PW6/C,
Ex.PW6/D, Ex.PW6/E, Ex.PW6/F, Ex.PW6/G,
Ex.PW6/H (1-4), Ex.PW6/J(1-4) and DVD
containing video clips of speeches/media talks
already exhibited as Ex.PW6/1 were seized from
Nadir Khan, Deputy Director PEMRA vide seizure
memo Ex.PW6/K signed by him and witnesses.

On 19.8.2023 Javed Iqbal, Supdt. P.M.

Office internal produced certified copy of daily
agenda/engagements of Prime Minister dated
28.3.2022 already exhibited as Ex.PW13/A
which was seized vide memo Ex.PW13/B signed
by him and witness.

On 23.8.2023 Sajid Ullah, A.D. US-I, MOFA

produced attested copy of the internal note dated
28.3.2022 initiated by Additional Secretary
(Americas) MOFA regarding his communication
with U.S. C. dA Ex.PW7/A which was seized by
him through seizure memo Ex.PW7/B which was
signed by the witness.

On 24.8.2023 Haseeb Bin Aziz, the then

Director FSO MOFA produced attested copy of the
movement register showing the receiving of
cypher telegram No. I-0678 by Mr. Haseeb
Gohar, D.S. FSA PM Office on 08.3.2022
Ex.PW4/A taken into possession vide memo
 34
THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
Case FIR No. 06/23, dated: 15-08-2023, P.S FIA/CTW Islamabad

Ex.PW4/B which was signed by him and

witness.

On the same day, the Technical Analysis

Report Ex.PW12/A/1-24 regarding propaganda
by the hostile states against Pakistan and
interviews of accused Imran Ahmad Khan Niazi
and Shah Mehmood Qureshi on social media and
electronic media concerning cypher issue was
produced by Mr. Anees ur Rehman, Technical
Expert, Cyber Crime Wing, FIA. The same was
seized vide memo Ex.PW12/B which was signed
by him and witness.

On 24.8.2023 Miss. Iqra Ashraf, Director

Spokesperson, MOFA produced transcripts of
press briefing by the spokesperson of MOFA on
25.4.2022 already exhibited Ex.PW1/B (1-14)
seized vide memo Ex.PW1/A signed by him and
witness.

On 25.8.2023 Mr. Muhammad Afzal, S.O.

P.M. Office produced record comprising attested
copy of letter regarding meeting-whereabouts of
Parep Washington cypher dated 7.3.2022
already exhibited as Ex.PW8/A, attested copies
of press releases of two NSC meetings held on
31.3.2022 and 22.4.2022 already exhibited as
Ex.PW9/A and Ex.PW9/B respectively, attested
copy of internal note initiated by Haseeb Gohar,
D.S. FSA regarding delivery of sealed envelope
(cypher telegram No.I-0678) to Mr. Sajid
Mehmood, D.S. to SPM on 09.3.2022 Ex.PW9/C
vide memo Ex.PW9/D signed by him and
witness.
 35
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On 5.9.2023 Mr. Muhammad Ashfaq, D. S

(Cabinet) Cabinet Division, Islamabad produced
letter No.Dy.1109/2022-S.O.-Cab dated 8th
November, 2022 already exhibited as
Ex.PW15/A in response to FIA letter No.
FIA/CTW/PS-Isb/RE-111/2022/506 dated
04.11.2022 Ex.PW25/C seized vide memo
Ex.PW15/B signed by him and witness.

On the same day Mr. Hidayat Ullah

Baitani, Section Officer, National Security
Division, Islamabad produced the letter of NSD
vide U.O.No.NSD-II/2/2022-NSC (38) dated
22.2.2023 already exhibited as Ex.PW14/A in
response to the FIA letter No.FIA/CTW/PS-
Isb/RE-111/2022/503 dated 04.11.2022
Ex.PW25/D seized vide memo Ex.PW14/B
signed be him and witness.

On 27.9.2023 letter vide No.FIA/CTW/PS-

Isb/FIR-06/23/2053 was sent to the Secretary
MOFA with request to apprise the investigation
team regarding the present status of all
numbered copies of cypher telegram distributed
to various quarters Ex.PW25/E. The reply was
received from Mr. Haseeb Bin Aziz, Director FSO
vide MOFA’s U.O.No.FSO-80/2/2023 dated
27.9.2023 Ex.PW4/C. The complaint/sanction for
taking cognizance by the court u/s 13(3) OSA
was sought from Secretary, M/O Interior vide FIA
Headquarters letter No.FIA/CTW/HQ/ FIR-
06/2023-4241-42 dated 31.8.2023 which was
received from the Secretary M/O Interior Aftab
Akbar Durrani already exhibited as Ex.PW20/A.
He being the IO/member of the investigating
team recorded statements of witnesses u/s 161
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Cr.PC. After completion of the investigation and

considering all the facts, statements and
evidence, the investigating team found that
former Prime Minister Imran Ahmad Khan Niazi
accused had un-authorizedly retained numbered
copy of cypher and avoided to return the same
deliberately. On other hand, the accused waved
and willfully communicated the information of
secret classified document to public at large to
achieve political benefit. Above said acts of using
the information also benefitted foreign
power/hostile states and the mannerism of this
reckless act was prejudicial to the security and
safety of secret communication system of
Pakistan with active connivance and abetment of
co-accused Shah Mahmood Qureshi the then
Foreign Minister of Pakistan. After conclusion of
the investigation, the challan/report u/s 173 Cr.
PC was prepared by him and submitted in court
for the trial of accused.

4. Raja Rizwan Abbasi, Syed Zuliqar Abbas

Naqvi, advocates, learned SPPs on behalf of the State
vide statement dated 23.1.2024 gave up PWs namely
Aqeel Haider, Deputy Director PEMRA and Kamran
Aslam, F.C. FIA and Noman Bashir Bhatti PWs being
unnecessary and closed the case for prosecution.

DEFENSE PLEAS

5. Statements of both the accused u/s 342 Cr.

PC were recorded on 29.01.2024. Accused Imran
Ahmad Khan Niazi in reply to Q.No.34 why this case
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against him and why the PWs deposed against him

stated as under: -

“The conspiracy to remove my Government

was set into motion in October, 2021 when
General Bajwa changed DG ISI General Faiz,.
This was done through an understanding
with General Bajwa had with Shahbaz Sharif
and Nawaz Sharif who had promised him an
extension. General Bajwa hired Hussain
Haqqani one of the most virulent Anti-
Pakistan Army lobbyist in the United States.
He was involved in the famous Memo Gate
Scandal where on behalf of Asif Zardari and
as Pakistan Ambassador to the U.S he had
asked the U.S. Army Chief to rescue Asif
Zardari from the Pakistan Army and this case
was instituted in the Pakistan Supreme
Court. Haqqani was hired to lobby for
General Bajwa in the United States and
campaign to malign me with the U.S.
Government. It is noteworthy that my
Government was used to hire Hussain
Haqqani for a payment of 35,000 Dollars and
he in April, 2022 tweeted that Imran Khan
was Anti-American and General Bajwa was
pro-American. Throughout the winter of 2021-
22 he lobbied against me in the U.S on behest
of General Bajwa. General Bajwa then used
the ISI to start working on our allies BAP,
MQM to leave our coalition. Moreover, ISI
started telling our back benches and our
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MNAs to leave PTI saying that the future

belongs to PML (N) and Sharif and the
establishment had made up their mind to
withdraw support from PTI. I approached
General Bajwa and asked him about this
conspiracy, he assured me that there was no
such plan in repeated meetings. When I told
him about the ISI’s role in working against
our Government, he asked me to form a
committee which he will work through the
committee which will ensure that no such
conspiracy takes place. The committee from
our side was Shah Mehmood Qureshi, Asad
Umar and Pervez Khattak. Despite the
meetings of this committee with General
Bajwa, ISI kept on undermining our
Government.
On 1st week of March, I was due to
undertake a trip to Russia. The trip was
planned with not just the consensus of the
Foreign Office but all the ex-foreign
secretaries were invited by me to the P.M.
House a week before the trip and all of them
were of the view that this was an extremely
important trip for the sake of Pakistan. On the
morning when I was about to leave, I
specifically called General Bajwa and asked
him that was it O.K. to still undertake the trip
since there had been some movement of
Russian troops on the border of Ukraine.
General Bajwa assured me that it was
important that I should go and he has
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consulted with all his commanders. When I

came back few days later, Shah Mehmood
Qureshi informed me that there was a cypher
message from our Ambassador Asad Majeed
in Washington and he stressed that it is the
most shocking cypher message which was
not to be shown to the P.M. and Foreign
Minister. Shah Mehmood directed called Asad
Majeed in Washington and got the details of
the contents of the message and then insisted
on getting the cypher. When I read the
contents of the cypher, I was absolutely
shocked and astounded. As someone who
had studied international relations and
politics in the university, I knew that there
was no precedent ever of an American official
in an official meeting with any Ambassador
where he threatens that unless the P.M. is
removed there would be consequences for the
country and if he is removed in a vote of no
confidence, then everything will be fine.
Moreover, Donald Lou insisted to Asad
Majeed that Imran Khan had taken the trip to
Russia completely on his own initiative. While
Asad Majeed kept assuring him that all the
stakeholders were on board. Clearly someone
had briefed Donald Lou that the trip was
solely organized by Imran Khan to antagonize
the U.S. Government against me and with the
unfolding of the subsequent events I had no
doubt that Donald Lou was fed by Hussain
Haqqani on behalf of General Bajwa. The
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Ambassador was so incensed by the tone of

Donald Lou that he actually wrote in the
cypher that the United State should be
demarched as there was no precedent of any
state official telling an Ambassador in an
official meeting that the Prime Minister should
be removed. Witnesses have been effectively
cross examined to this effect.
I would have immediately gone to the
public because this was not just an insult to
the P.M. it was an insult to the 200 million
peoples of Pakistan who had elected the P.M.
but because there was an OIC conference on
the 22nd and 23rd of March, I only spoke with
my senior colleagues about this shocking and
insulting cypher from Donald Lou. I waited
until the OIC Ministers have left and then
decided that I would go public with this
threat. In the meanwhile, our allies in the
Government were sending us messages that
there was too much pressure from the ISI to
leave the coalition. Also in the past two
months the American Embassy was
extremely active in Pakistan. They were being
called our back benchers especially ones who
were estranged from the party. They were
calling to the American Embassy for regular
meetings. Our Minister in K.P. Atif Khan was
called to a meeting in the American Consulate
at Peshawar and he was asked if there could
be a vote of no confidence against the then
PTI Chief Minister. In this time, I had several
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meetings with General Bajwa and I told him

that if the Government was removed at the
time, the Pakistani economy will go into
tailspin because the aftermath of the Covid-
19 crises, the world was experiencing what
was called the commodity super cycle.
Energy prices internationally had gone
through the roof and our rupee was under
severe pressure because of the high oil price. I
told him that if there was any political
destabilization, the Government of Shahbaz
Sharif was planned by Bajwa would not be
able to control the economic situation. I had a
specific meeting with him where I asked him
a simple question when it was clear to us that
the ISI was bent upon removing our
Government. I asked him that I have two
ways and your answer will determine which
route you will take. If this conspiracy to
remove my Government is going to go ahead
then I will go to the people, if on the other
hand you allow the Government to continue
then there is another route that I will take. He
lied again saying he wanted continuity. I
even sent Shaukat Tareen, the Finance
Minister to meet him and explain the gravity
of this economic situation if there is any
political destabilization. When I went in a
jalsa in Islamabad on 27th, I waved a paper. I
only spoke about the threat and did not name
any country and was careful with my words.
The paper I waved was a paraphrase of the
 42
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paraphrase copy of the cypher. The idea was

to tell General Bajwa that if he went to go
ahead with this conspiracy I will reveal the
whole plot to topple an elected Government.
On my last day in office, intelligence officials
came to see me and conveyed that I should
not talk about the cypher because clearly the
cypher was addressed to General Bajwa from
Donald Lou as clearly neither the Foreign
Secretary had the capability of removing the
P.M. and the Prime Minister certainly would
not remove himself on the threat of a U.S.
official. General Bajwa was the only one to
have the powers and the agencies to topple
my Government. When Attorney General went
to the Supreme Court to plead our case that
rather than have a Government replace us
through an auction which was being held in
the Sindh House (where a price of over Rs. 20
Crore fixed on any of our MNA who jump ship)
and at the same time the working of the U.S.
Embassy and our agencies. Amazingly our
own Attorney General representing my
Government in the Supreme Court refused to
talk about the cypher because he had been
approached by the ISI not to talk about it
because it was impacting General Bajwa.
When our Government was removed I
went to the people and the people of Pakistan
responded in a way they had never
responded in our history. Massive crowds
came out and despite total Government and
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Establishment backing all the PDM parties in

the next few months, PTI won 30 out of 37
bye-election. General Bajwa and I had a
meeting in August in the Presidency. Bear in
mind at this time, the Pakistan economy was
crashing. Inflation hit record levels touching
38%. Growth rate crashed from 6.17% to
negative. Unemployment as a result began to
soar. General Bajwa told me that he would
try to get elections but in response he told me
that I had to stop talking about the conspiracy
to topple the Government and the Mir Jaffars
and Mir Sadiqs. He said if I played ball
nothing would stop the PTI in getting 2/3rd
majority in the elections as he said even 80%
of the Army was with PTI but on the other
hand if I kept on talking about conspiracy
against my Government and PTI would be
reduced to around 30 plus seats there will be
court cases lodged on me and my party
members, and he then mentioned that there
would be a secrecy Act violation case against
me and Shah Mahmood. This was in August,
2022.
What happened in Pakistan when our
Government was toppled in April, 2022 will
go down as one of the worst chapters in the
history of this country. An Army Chief,
General Bajwa to get his extension which had
been promised to him by Shahbaz Sharif,
bear in mind that Shahbaz Sharif at that time
was undergoing trial of corruption cases of
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Rs.24 billion, 16 billion in FIA cases where he

had taken money in the name of his factory
workers-the famous Maqsood Chaprasi case
who had 4 billion in his account and 8 billion
in money laundering cases where fake
accounts were used to launder money. All
these cases were slowed down by General
Bajwa, cases which were open and shut
cases because of his deal for extension.
Subsequently what followed was a disaster
for the people of Pakistan who faced a record
devaluation, unprecedented inflation and
rising unemployment.
I had kept insisting from the time I was
P.M. that there should be an inquiry into the
regime change. The Cabinet had appointed
General Tariq, a brave and an incorruptible
soldier to head the Committee. After studying
the case, General Tariq decided to decline
because he knew the finger was being
pointed to the Army Chief. The cypher was
also put in front of the National Security
Committee which issued a demarche to the
United States for interfering in the internal
affairs of Pakistan. The cypher was offered to
all the opposition leaders to see for
themselves the insulting threat by Donald Lou
to the people of Pakistan. The cypher was
also sent to the Chief Justice of Pakistan to
conduct an inquiry into this conspiracy
against Pakistan. Unfortunately, they were
all scared of the office of the Army Chief and
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so no inquiry was conducted into this

travesty that the people had to bear as a
result of regime change. Instead as General
Bajwa had warned me and earlier had
warned Shah Mehmood Qureshi which he
will talk about his testimony, almost 200
cases were lodged against me and as he had
warned PTI as a political party was being
dismantled. Never in Pakistan’s history has a
political party being put to such coercive and
draconian measures as what PTI and his
leadership suffered and all because they
would not sit down and quietly accept this
conspiracy against the nation. This case has
been instituted against me to shut my mouth,
silence all criticism of General Bajwa and
Donald Lou and my party and I have been
taught a lesson that whoever dares to take a
stand against the powerful Army Chief will
face consequences. I want to finish my
statement by saying if the sentence is given,
no Pakistani Prime Minister will ever stand up
for the interest of Pakistan to defy the unjust
demands of the United States. Our country
has a history where we have forsaken the
interest of the people of Pakistan to comply
with the orders of the United States. General
Musharaf and I am a witness to the time
when on one phone call from the U.S.
Secretary of State Richard Armitage he took
Pakistan into the devastating war on terror
which cost Pakistan 80000 lives and the
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economy lost over a 100 billions of Dollars in

the chaos that followed or complying with
U.S. wishes. During the time of Asif Zardari
and Nawaz Sharif between 2008 and 2018,
400 drone attacks were conducted by the
U.S. against Pakistani citizens with 1000s of
them were blown up. There is no precedent in
history of a country being bombed by its ally.
Neither Nawaz Sharif nor Asif Zardari uttered
one word of condemnation against this extra
judicial killing of its citizens. No civilized
country allows another country let alone an
ally in whose war it is sacrificing its citizens
to become judge, jury and executioner and
eliminating people in its territory. The reason
why the two leaders were conspicuous by
their silence was because they were petrified
that the U.S. might remove them from power.
Therefore, this case has significances far
beyond the present date when this case will
decide will a Pakistani Prime Minister will
stand up for his country or will he out of fear
of losing power, of fear being in prison as one
our Prime Minister was hanged. Will he
sacrificed the interest of Pakistan to appease
the U.S. History will bear witness where the
people of Pakistan will finally get Haqiqi
Azadi and their leaders will take decisions for
the benefit of the people or will we be
condemned to a life of eternal slavery. The
witnesses have deposed falsely and the
prosecution has miserably failed to bring any
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cogent or convincingly reliable evidence

against me. The prosecution failed to prove its
case. I am innocent in this case which was
lodged against me on false pretext and in
view of the facts as I have explained in the
preceding paras of this reply. I am absolutely
innocent and deserve to be acquitted of all
charges.“

6. Accused Shah Mehmood Qureshi in reply to

Q.No.34 why this case against him and why the PWs
deposed against him stated as under: -

“This is case of political victimization and I

have been accused for not switching my
loyalties as many others senior leaders has
done and they were set free. I reiterate my
innocence and state that I am not guilty of
any offence under OSA, 1923 or any other
provision of law which may be read with it.”

Both the accused did not opt to lead any defense

evidence or to appear themselves u/s 340 (2) Cr.PC.

7. Learned prosecutor Rizwan Abbasi on behalf

of State assisted by Syed Zulfiqar Abbas Naqvi for the
complainant has stated that both the
accused/petitioners in the light of charges leveled
against them have committed the offence as mentioned
u/s 5, 9 of OSA, 1923. They are the real culprits and
specific role have been assigned to them, thus, they
have committed the offences in the light of five heads of
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charges. The witnesses PW-1 to PW-25 have fully

corroborated the prosecution version from the sending
process of cypher from U.S. Washington through PW-21
Asad Majeed to MOFA, Pakistan. The entire procedure
adopted by the MOFA with respect to sending the above
said cypher telegram to the addressee namely Prime
Minister Imran Ahmad Khan Niazi through SPM PW-11.
Same has been received by the accused Imran Ahmad
Khan Niazi. So far as receiving and retaining of cypher
is concerned, there is a complete chain of custody right
from Asad Majeed PW, the then Ambassador of
Pakistan, Noman PW, Cypher Assistant, until the then
SPM Azam Khan PW who himself handed over the said
cypher telegram to the accused Imran Ahmad Khan
Niazi and said cypher was not returned till date. SPM
Azam Khan, being the official custodian of all the
documents of the PMO, he very rightly demanded the
copy of cypher back from PM however, PM Imran Ahmed
Khan Niazi never paid heed to an important demand/
suggestion of his principle staff office. Statement of
Azam Khan is very much pivotal with regard to charge
u/s 5(1)(c) and 5(1)(d) of OSA showing that cypher
telegram numbered copy which was accountable
document was retained by Imran Ahmad Khan Niazi
accused and same was not returned to MOFA and no
rebuttal came from defense side in this regard, thus,
charge u/s 5(1)(c) of OSA stand proved. It is also
mentioned that by the same PW instructions were
issued to search for cypher telegram received by Imran
Ahmad Khan Niazi accused but it could not be found
shows that said cypher telegram was negligently
handled that is why after search it could not be found,
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hence, charge u/s 5(1)(c) of OSA, 1923 stands proved.

Most important question involved is that accused Imran
Ahmad Khan Niazi having in his possession and control
a document containing secret cypher information which
was entrusted to him in confidence because he was
holding an office of Prime Minister and he had obtained
and having access owing to his position as the then
Prime Minister and he willfully communicated the said
information to public at large which was not at all in the
interest of the State of Pakistan and directly or indirectly
it was for the benefit of foreign powers and this fact is to
be calculated and ascertained by the court in the light of
evidence of those witnesses who were expert in relation
to foreign services, those are ex-foreign secretaries
namely Asad Majeed and Sohail Mehmood. The cypher
episode was a setback for Pakistan U.S bilateral
relationship and carried adverse implication for future,
diplomatic reporting culture and Sohail Mehmood PW
has shared his views in the Cabinet meeting that there
was no example of de-classification of cypher and
disclosure of text could compromise the cypher
communication system and it could affect the working of
Missions and the Ministry as the trust underlying
confidential exchanges with foreign interlocutors could
be undermined and it could also affect relations with
U.S. and some other countries and strained relations
with U.S. could also complicate the matter with multi-
lateral financial institutions and at the same time
statement of Faisal Niaz Tirmizi is also relevant who
said that he was contacted through Whats-App message
by U.S. C.ds Affairs who wanted to hand carry a
document which was waved by the then P.M. in public
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rally at Islamabad alleging U.S. interference in

Pakistan’s internal affairs, she further mentioned that
above said message did not play well in D.C. All the
above said statements if seen in juxta position, it clearly
shows that above said act of accused Imran Ahmad
Khan Niazi who disclosed the above said information
before un-authorized persons in fact damage Pakistan
and so far as this damage is concern, word “Calculated”
mentioned in section 5 means that it is to be inferred in
the light of facts and circumstances of the case or
through surrounding circumstances and this is a matter
of public knowledge that different international institutes
gave a tough time to Pakistan. Hence, I am constrained
to conclude that charge u/s 5(3)(a) of OSA, 1923 stands
proved against the accused Imran Ahmad Khan Niazi
who in his statement u/s 342 Cr.PC accepted receiving,
retention, misplacing and waver of cypher before the
public “The paper I waved was a paraphrase copy of the
cypher” is not a good defense rather it acts adversely
against the accused to the effect that it is not a paper
rather information in the paper which is of high
important and makes it classified as secret/accountable
document. The accused miserably failed to establish
any malafide or animosity or grudge on the part of PWs
for their false implication in the instant case. The
prosecution has succeeded to prove this case and
charge against the accused beyond any shadow of
doubt as all the PWs remained consistent during the
period of cross-examination and argued that accused be
punished in accordance with law.
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8. Learned defense counsels have argued that

both the accused were falsely implicated in the instant
case. Both the accused have not committed the offences
leveled in the charges. Both the accused one Imran
Khan Niazi is ex-Prime Minister of Pakistan and Shah
Mehmood Qureshi is ex-Foreign Minister. They have not
taken the law in their own hands, they be acquitted
from the charges. This is case of political victimization
and they have been accused for not switching any
loyalties as many others senior leaders has done and
they were set free. That they are not guilty of any
offences under OSA, 1923 or any other provision of law
which may be read with it. The witnesses have deposed
falsely and the prosecution has miserably failed to bring
any cogent or convincingly reliable evidence against
them. The prosecution failed to prove its case. We are
innocent in this case which was lodged against us on
false pretext and in view of the facts as we have
explained in the preceding paras of their reply u/s 342
Cr.PC. They are absolutely innocent and deserve to be
acquitted of all charges.

9. I have heard arguments from both the sides

and perused the record carefully.

FINDINGS

10. This court is going to decide the instant

controversy in the light of below mentioned glimpses
which revealed during proceeding in order to
understand the true pith and understanding of entire
proceeding: -
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1) Cypher Telegram (classified document)

2) Ocular Account.
3) Conduct and attitude of both the
accused during proceedings towards
court.
4) Demand of fair trial through unfair
practices of both the accused during
proceedings.
5) Self-inflicted miseries of both the
accused and demand of “Audi Alterm
Partem”.
6) Despite having defense showing
defenseless to get sympathy in future.
7) Protection of fundamental rights under
the Constitution, 1973 of Pakistan is for
righteous approached citizens.
8) Article 10 and 10-A of the Constitution
is umbrella for law abiding citizen not
as a tool for tricky minded accused.
9) Tricky acts of both the accused
throughout proceeding.
10) Secret documents and the sanctity.
11) Manipulation of secret, sensitive and
classified information.
12) Impact of misuse of cypher by the Ex-
Prime Minister accused Imran Ahmad
Khan Niazi in connivance with co-
accused.
13) Violation of oath by ex-Prime Minister
Imran Ahmad Khan Niazi
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14) Violation of oath by ex-Foreign Minister

Shah Mehmood Qureshi.
15) Considerable damage to Pak U.S.
relationship in terms of trust and
confidence.
16) Deliberate and well planned
manipulative lie aimed of both the
accused.
17) The veracity of confessional statement
of Muhammad Azam Khan PW-11 and
impact on prosecution story.
18) Compromising the integrity of cypher
communication system of Pakistan due
to the act of both the accused defined
in the instant case.
19) The acts of omission and commission of
the accused persons has had serious
adverse affect on Pakistan’s diplomatic
and political standing among comity of
nations. This, in turn, has benefited
foreign powers hostile to Pakistan.
20) Onus probandi upon accused Imran
Ahmad Khan Niazi regarding lost
document/telegram (cypher) which not
returned back to MOFA (block
warning).

11. This court is not oblivion of the fact that case

in hand is with respect to secret cypher telegram bearing
No. I-0678 through Ministry of Foreign Affairs,
Islamabad and information contained in secret classified
document (cypher telegram) received from Parep
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Washington dated 7.3.2023 to Secretary, Ministry of

Foreign Affairs, Islamabad which was most confidential
and same was trust inter se the States. The ocular
account by way of producing prosecution evidence
through 25-PWs is on record. It is observed with pain
that attitude of defense was not serious throughout the
proceedings on 27.01.2024 when case was taken up
around 09:00 a.m. defense counsels were not available
but defense counsels at state expense were present.
Both the accused misbehaved with learned defense
counsels at state expense and files were thrown, time
was granted to the accused and meanwhile their
learned defense counsels namely Mr. Muhammad
Usman Riaz Gill, advocate and Syed Mohammad Ali
Bokhari, advocate for both the accused reached and
initially different applications were submitted which
were decided by the court and both the counsels
requested to allow them an hour time to prepare cross-
examination. Request was allowed and when court
resumed both of them were multiple times asked to
cross-examine the witnesses and after their denial,
learned defense counsels at state expense were asked
to cross-examine the witnesses and remaining PWs
were cross-examined.

12. The instant case was registered after

adopting all legal measures and inquiry was conducted
in a detailed manner and that took approximately 17-
months, hence, the registration of FIR cannot be termed
as filed through inordinate delay. Same is in time
because the time consumed during inquiry will be
excluded and the registration of FIR No.6 will be
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considered in time registered FIR. The purpose of

registration of FIR is to set the law into the motion. Any
informer may give information with respect to any
criminal act, hence, the complainant only set the law
into the motion and further proceeding initiated by the
FIA department keeping in view the legal umbrella. It is
special law under the Official Secret Act and gravity of
the cypher can be considered keeping in view the most
confidential secret documentation which cannot be
disclosed at public at large in any manner. It is observed
that the FIA department after conducting an inquiry
observed all legal measures and it is the domain of the
investigating agency to observe the accusation against
any person who is true delinquent and after observing
all the facts, two accused Imran Ahmad Khan Niazi and
Shah Mehmood Qureshi were challaned and report u/s
173 Cr. PC was submitted against these two accused to
face the trial. It was the obligation of Ex-Prime Minister
Imran Ahmad Khan Niazi to return back the said
document because that was block warning and it was
the liability of the recipient to send the same wherefrom
it was send by way of sending process meant for it that
said document should have been returned back to
MOFA. Since Imran Ahmad Khan Niazi was serving
Prime Minister at that time, hence, MOFA was not in a
position to ask with respect to the returning of said
document (cypher) because being Prime Minister of
Pakistan nobody can take liberty to direct to serving
Prime Minister to adopt legal measures. It was duty of
Ex-Prime Minster Imran Ahmad Khan Niazi to return
back said document in time but till to date said
document is not available in MOFA because same was
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not returned by the Ex-Prime Minister Imran Ahmad

Khan Niazi for the purpose of destruction of the said
document as per MOFA Rules. The Official Secret Act,
1923 and the provisions of the said Act are exclusively
measures for the production of secret, top secret,
confidential, classified documents. In case of any failure
with respect to any document, which is linked with the
security or safety of the country, the production of the
said document like cypher telegram under dispute must
be protected in any manner. No doubt, it is never
happened in past with respect to cypher case like this
but this court believes that it should not have happened
because the safety of all secret documents inter se the
States should have been given most importance because
it is sacred trust inter se the States. The Official Secret
Act is not only linked with the Pak Army, a defense of
the country, it has other social, economic and political
links with every correspondence which is secret in
nature inter se the States. The Official Secret Act, 1923
is not only restricted to the extent of Pak Army, Navel or
Air-Force including other agencies but other officials who
commits delinquency regarding the secrecy of any
document also comes under this purview. The said
Official Secret Act, 1923 is 100 years old law but entire
provisions of law stand against the accusation according
to the commission of an offence as per the role of the
accused. There is no discrimination while dealing the
Official Secret Act, 1923 whether any person who
commits crime is a common person or whosoever having
a rank in Pakistan. If any person commits crime under
this Act, he will be definitely dealt in accordance with
law. The section 5 (1)(a) is not restricted that,
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“Any information should be

communicated to enemy country but the
language of the above said sub section
clearly speaks that information to any
person other than a person to whom he
is authorized to communicate it.”

It means that application of above said provision of

section 5(1)(a) also extend to any person other than the
person to whom any one is authorized to communicate
it. Cypher or any information which is sensitive and
secret in nature cannot be shared to anyone. The cypher
document, same was retained by the Ex-Prime Minister
Imran Ahmad Khan Niazi and same was waved in the
air before public at large in order to achieve the political
gain. It is pertinent to mention here that one copies
which was sent to the Ex-Prime Minister Imran Ahmad
Khan Niazi, same was not returned back and it was
used outside without any legal course and cypher
cannot be discussed at public.

13. It is pertinent to mention here that prosecution

produced full ocular account by producing PWs along
with documentary evidence which is in the light of PWs
1 to 25 and exhibited documents Ex.PW1/A to
Ex.PW25/E. The entire prosecution evidence fully
corroborated the stance in the light of statements of PWs
alongwith documentary evidence. There is not a single
dent available on record to show that there is any flaw
in the ocular account of the prosecution witnesses.
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14. It is painfully noted that accused Imran

Ahmad Khan Niazi and Shah Mehmood Qureshi were
represented through number of lawyers/defense
counsels but during entire proceedings the above said
accused played hide and seek just in order to prolong
the instant proceedings which were very high profile
and sensitive in nature and ample opportunity on
various occasions were given to the accused in order to
lead their respective defense for cross-examination on
PWs which were produced by the prosecution on record
in a detailed manner along with documentary evidence
entire interim orders clearly shows the conduct of the
accused. They just played hide and seek and
considered the entire proceedings in a mockery manner
which is not warranted by law and twisted their various
stance by way of filing different applications just in
order to protract these proceedings. The reasons best
known to them in presence of their respective
clients/accused party. Apart from it, in the first round of
the litigation when the copies were supplied, both the
accused did not bother to make signatures on the
margin of the order sheet. Similarly, while framing
charge, they also were not inclined to make signatures
and placed thumb impression on the charge sheet.
Interim orders of this court from 24.1.2024 to 29.1.2024
itself speaks volume with respect to the conduct of both
the accused persons that must be read as part and
parcel with it. Then again in this third round of litigation,
the accused did not bother to make thumb impression
and signature on the charge and now ultimately even on
342 Cr.PC when they themselves recorded their replies
when court offer them to add any further reply despite
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detailed reply which was dictated by both the accused

themselves in presence of their state counsels being
defense counsels on state expenses, again in a tricky
manner refused to make signature or place thumb
impression on statement recorded u/s 342 Cr.PC which
speaks volume. This adverse act and tricky conduct on
the part of both the accused who are highly qualified
one being ex-Prime Minister and other being ex-Foreign
Minister of this Pak homeland were never expected to
delay these proceedings on account of these malignant
practices which definitely badly put impression
regarding their attitude during these proceedings which
is in no way warranted under ethics as well as any
code of law which means if they can play hide and seek
in this manner, then it is surely expected that accusation
leveled in the light of charge cannot be kept isolated that
said cypher telegram under discussion was wrongly
misused and the act of the accused is deliberate and
well planned manipulative lie aimed at rousing populist
sentiments in the masses with no regard of its
consequences for Pakistan’s external relations as well
as national security interest. These chain of wrongful
acts of the accused badly put impression regarding the
integrity, sovereignty and security including sacred trust
inter se the State of Pakistan and USA.

15. In the above said situation, it is crystal clear

that under the law and keeping in view the fair trial
under the umbrella of constitution, proper and due time
was given to the defense to cross-examine the PWs but
they deliberately not cross-examined them and
voluntarily deprived themselves from the valuable right
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of cross-examination which speaks volume against the

conduct of both the accused. It is further very painfully
noted that both the accused were literally and having
good education because accused Imran Ahmad Khan
Niazi who being Ex-Prime Minister of Pakistan who is
highly qualified. On the other Shah Mehmood Qureshi
being Ex-Foreign Minister of Pakistan who is also very
high qualified but this court felt embarrassed that it was
not expected from both the accused to adopt this
irresponsible attitude when throughout proceedings
through court on administrative as well as judicial side
provided very favorable directions in their favor but this
court cannot anticipate why these accused deliberately
avoided to cross-examine the prosecution PWs when
they were available on various dates which shows that
this act on the part of accused party is deliberate and
just in order to design future ulterior objective by way of
getting benefit post decision of this case from higher ups.
This act of the accused party cannot be kept isolated at
the time of adjudication of the instant controversy.
Moreover, it should not be taken light because this court
is fully aware that under the law defense is primary
right of the accused but if accused party deprived
themselves not to enjoy this valuable right under the
constitution, it tantamount to commit suicide of their
right which properly and at various times were
guaranteed and ensured through giving them various
opportunities. This failure on the part of the accused
shows that accused misused and took liberty just in
order to observe the fate of the instant matter in the light
of future oriented goal and expected that ultimately if
the defense will not be adduced they will be benefitted
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under the law by Honorable Apex Courts in case of

conviction. Only 4 PWs were at a stretch recorded on
15.1.2024 but after further adjournments throughout the
proceedings, more than 40 applications have been filed
just to linger on the trial on one pretext or the other
specifically at the time of recording of prosecution
evidence.

16. The accused should introduce his defense at

the earliest stage as possible, failing this may, gives rise
to the presumption that the defense raised was mere
invention. It is clear that accused has the right to
present their defense to prove their innocent. The effect
of successfully raising a defense can either absolve the
accused criminal liability or at least reduced the
seriousness of offence that they have been charged
with. In this case shows that the defense should have
been raised at the early stage through cross-
examination which refers to the prosecution stage.
Otherwise, the defense may be criticized for keeping the
defense a secret where it can be regarded as mere
invention. It was also rightly informed by this court and
also the prosecution from the very beginning of their line
of defense, which indirectly avoids the occurrence of any
element of surprise. It is further notable that at the very
outset of recording of evidence before this court, when
court calls upon the accused for their defense, they were
represented by the advocates, and they were informed
of his right to give evidence on their own behalf, and
they were given an opportunity to elect to an evidence on
their behalf shall call their attention to the principle
points in the evidence for the prosecution which tell
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against them in order that they may have an opportunity

of explaining them but they have not done so. Although
the principle has been regarded as a law in raising
defense, there are still cases where the accused did not
present his defense at an early stage, it would definitely
take adverse against the defense. Prime facie in the light
of material available on record through prosecution
evidence, the case against the accused has been made
out because the prosecution has adduced credible
evidence proving each ingredient of the offence, which if
unrebutted or unexplained due to the deliberate action of
the accused party by way of not cross-examining the
PWs, it would warrant conviction because facts proved
need not be proved. Since the prosecution evidence is
credible and relevant documents tendered by the
prosecution Ex.PW1/A to EX.PW25/E when all the
elements have been proved, then the offence against the
accused has been established. The words “…unrebutted
or unexplained would warrant conviction” indicate that
the case has been established. The defense will then be
called to give opportunity for the accused to rebut or to
provide explanation, these both accused persons namely
Imran Ahmad Khan Niazi and Shah Mehmood Qureshi
were called to enter upon their defense, and three
options were available to the accused to remain silent, to
give sworn or unsworn evidence. Should they opt for
second and third options, they were in a position to
deny committing the offence or raise a defense to defend
themselves but they decide to remain silent and in this
case only conviction comes in this way. After considering
the evidence adduced by the prosecution, it is found that
prosecution has made out a case in the light of section 5
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and 9 of Official Secret Act against the accused Imran

Ahmad Khan Niazi and Shah Mehmood Qureshi
respectively.

17. When both the accused chooses to remain

silent, the court is put a situation where it has no other
choice but to convict the accused in the light of charge
leveled against them because both of them have been
failed to rebut the evidence adduced by the prosecution
witnesses which means that the accused Imran Ahmad
Khan Niazi and Shah Mehmood Qureshi failed to give
convincing evidence to raise defense or to rebut the
prosecution’s case leave the court with no choice but to
convict them.

18. The pivotal questions involve whether cypher

was received by the accused and retained un-
authorizedly? Whether cypher was dealt with negligent?
Whether its contents were communicated to un-
authorized persons for the benefit of which directly or
indirectly caused foreign powers? Whether the co-
accused abated the commission of offence?

19. So far as receiving and retaining of cypher is

concerned, there is a complete chain of custody right
from Asad Majeed PW, the then Ambassador of
Pakistan, Noman PW, Cypher Assistant, until the then
SPM Azam Khan PW who himself handed over the said
cypher telegram to the accused Imran Ahmad Khan
Niazi and said cypher was not returned till date. SPM
Azam Khan, being the official custodian of all the
documents of the PMO, he very rightly demanded the
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copy of cypher back from PM however, PM Imran Ahmed

Khan Niazi never paid heed to an important demand/
suggestion of his principle staff office. Statement of
Azam Khan is very much pivotal with regard to charge
u/s 5(1)(c) and 5(1)(d) of OSA showing that cypher
telegram numbered copy which was accountable
document was retained by Imran Ahmad Khan Niazi
accused and same was not returned to MOFA and no
rebuttal came from defense side in this regard, thus,
charge u/s 5(1)(c) of OSA stand proved. It is also
mentioned that by the same PW instructions were
issued to search for cypher telegram received by Imran
Ahmad Khan Niazi accused but it could not be found
shows that said cypher telegram was negligently
handled that is why after search it could not be found,
hence, charge u/s 5(1)(c) of OSA, 1923 stands proved.
Most important question involved is that accused Imran
Ahmad Khan Niazi having in his possession and control
a document containing secret cypher information which
was entrusted to him in confidence because he was
holding an office of Prime Minister and he had obtained
and having access owing to his position as the then
Prime Minister and he willfully communicated the said
information to public at large which was not at all in the
interest of the State of Pakistan and directly or indirectly
it was for the benefit of foreign powers and this fact is to
be calculated and ascertained by the court in the light of
evidence of those witnesses who were expert in relation
to foreign services, those are ex-foreign secretaries
namely Asad Majeed and Sohail Mehmood. The cypher
episode was a setback for Pakistan U.S bilateral
relationship and carried adverse implication for future,
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diplomatic reporting culture and Sohail Mehmood PW

has shared his views in the Cabinet meeting that there
was no example of de-classification of cypher and
disclosure of text could compromise the cypher
communication system and it could affect the working of
Missions and the Ministry as the trust underlying
confidential exchanges with foreign interlocutors could
be undermined and it could also affect relations with
U.S. and some other countries and strained relations
with U.S. could also complicate the matter with multi-
lateral financial institutions and at the same time
statement of Faisal Niaz Tirmizi is also relevant who
said that he was contacted through Whats-App message
by U.S. C.ds Affairs who wanted to hand carry a
document which was waved by the then P.M. in public
rally at Islamabad alleging U.S. interference in
Pakistan’s internal affairs, she further mentioned that
above said message did not play well in D.C. All the
above said statements if seen in juxta position, it clearly
shows that above said act of accused Imran Ahmad
Khan Niazi who disclosed the above said information
before un-authorized persons in fact damage Pakistan
and so far as this damage is concern, word “Calculated”
mentioned in section 5 means that it is to be inferred in
the light of facts and circumstances of the case or
through surrounding circumstances and this is a matter
of public knowledge that different international institutes
gave a tough time to Pakistan. Hence, I am constrained
to conclude that charge u/s 5(3)(a) of OSA, 1923 stands
proved against the accused Imran Ahmad Khan Niazi
who in his statement u/s 342 Cr.PC accepted receiving,
retention, misplacing and waver of cypher before the
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public “The paper I waved was a paraphrase copy of the

cypher” is not a good defense rather it acts adversely
against the accused to the effect that it is not a paper
rather information in the paper which is of high
important and makes it classified as secret/accountable
document.

20. So far as role of co-accused Shah Mehmood

Qureshi is concerned, he was the then Foreign Minister
very much conversant with sensitivity involved in
disclosure of contents of cypher telegram who also
addressed a public meeting dated 27.3.2022 prior to Mr.
Imran Khan Niazi and used following words: -
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Clearly established that he abetted through instigation

the commission of offence u/s 5(3)(a) of OSA, 1923,
thus, he is also found guilty u/s 9 of OSA as well as
section 34 read with section 5 (3)(a) of OSA, 1923.

21. This court during these proceedings given full

opportunities to the accused to lead their defense by
way of cross-examining the PWs but ultimately due to
the failure of accused party not to cross-examine the
PWs, their right of cross-examination was not closed on
26.1.2024 and this court felt appropriate without
causing any serious damage by way of closing the
defense of both the accused requested to the Advocate
General for the purpose of appointment of defense
counsels at state expense and in this regard this court
through jail requested to Advocate General for providing
the list of two competent defense counsels at state
expenses and two defense counsels namely Malik
Abdur Rehman, advocate was appointed on behalf of
accused Imran Ahmad Khan Niazi and Hazrat Younis,
advocate on behalf of Shah Mehmood Qureshi. Due to
their own fault and this court under the umbrella of
constitution provided all legal measures in order to
guarantee the legal right of accused regarding their
valuable right of defense for cross-examination but the
act of both accused not to cross-examine the PWs, they
took absolutely light despite having knowledge and legal
wit coupled with their defense counsels. In this
situation, the constitution and the law does not favor
such like of tricky thought accused which they applied
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very malignant practice just to protract these

proceedings and keeping in view the extraneous reasons
just in order to achieve their future goal that if the
instant prosecution evidence will not be cross-examine,
and they were under this expectation done it that in
future ultimately, the law will protect both the accused
because they will be considered that prosecution
evidence was defenseless and court of law has not
given them opportunity to lead their respective cross-
examination but the instant situation is entirely different
and due to the failure and dereliction on the part of both
the accused when they were not inclined to cross-
examine the remaining PWs just in order to protract
these proceedings on account of their ulterior design,
this court provided sufficient opportunities to cross-
examine the remaining PWs and due to this reason the
defense counsels at state expenses were appointed
through a request which was extended to the Advocate
General and then the learned state counsels as defense
counsels on state expenses properly cross-examined the
remaining PWs. In such like situation, these two accused
Imran Ahmad Khan Niazi and Shah Mehmood Qureshi
cannot secure mercy or sympathy just on this ground
that their right of cross-examination was not properly
given. In my humbly view, these two accused Imran
Ahmad Khan Niazi and Shah Mehmood Qureshi does
not deserve any leniency due to their deliberate and
advertent act in order to avoid cross-examination on the
PWs which was obligatory upon the accused especially
in the special case which is of most confidential and
classified secret information which in fact act of the
accused tantamount to commission of murder of trust of
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States which definitely put adverse impact and effect on

the political, social, economic and other foreign policies
inter se the States which marked very bad dot on the
security, sovereignty and the integrity of the country of
Pakistan which should have been protected by any
manner whatsoever so that nobody should be at liberty
to damage the very fragile fabric of relations of inter se
States because every country prosper and get developed
on account of good relations and trust inter se the States
and above said cypher telegram which has been
retained by the accused Imran Ahmad Khan Niazi and
Shah Mehmood Qureshi subject to their connivance
which was misused in public at large by way of waving
the same in order to achieve their respective nefarious
designs and that document was classified secret
document which was block warning and Ex-Prime
Minister Imran Ahmad Khan Niazi was under obligation
to return back the same to the concerned quarter i.e.
MOFA under the guided principles of secret codes and
that document till to date yet not have been returned
back to the MOFA and subject to connivance with Shah
Mehmood Qureshi, in the light of clandestine meeting
which was held at Bani Gala along with the other
documents through various audio CDs, including video
CDs and other supportive material draw the attention of
this court that both the accused Imran Ahmad Khan
Niazi and Shah Mehmood Qureshi committed offence
u/s 5 & 9 of Official Secret Act, 1923.

22. The revelation and manipulation of secret,

sensitive and classified information contained in an
encoded diplomatic Cipher (recollecting the account of an
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informal meeting between Pakistani and American

officials in Washington by the accused, Imran Ahmed
Khan Niazi and Shah Mehmood Qureshi) in order to
achieve their personal and political interests, at the altar
of national stability and national security, patently
constitute grave violations of the laws of Pakistan.

23. When, on 27 March 2022, the accused Imran

Ahmed Khan Niazi, as the incumbent Prime Minister,
unfurled a piece of paper, referring to it as the letter, at a
public rally and went on to hurl baseless and unfounded
accusations of a foreign conspiracy to topple his
government. This act of the accused Imran Ahmed Khan
Niazi, in connivance with accused Shah Mehmood
Qureshi, resulted in having grave adverse consequences
for the safety, integrity and credibility of Pakistan's
Cipher system and had a chilling effect on its relations
with foreign governments. There is no doubt that the
accused persons, with ulterior motives, undermined the
Cipher system of Pakistan, which, in turn, benefits
unfriendly foreign powers, directly and/or indirectly.

24. It is amply clear that this was a deliberate

and well-planned manipulative lie aimed at rousing
populist sentiment in the masses with no regard of its
consequences for Pakistan's external relations as well
as national security interests. On Thursday, 31 March
2022, while in office as the Prime Minister of Pakistan,
the accused Imran Ahmed Khan Niazi named the United
States as the country that had sent the so-called
"threatening memo." This generated immediate and
predictable stress in Pak-U.S. relations at a critical time
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when Pakistan's economic situation needed its support

vis-vis international lenders. Within a short space of
about a week (i.e. between 31 March and 8 April), the
U.S. side reacted to the situation thrice at the State
Department and the White House levels, declaring there
was "no truth" to the accused Imran Ahmed Khan Niazi's
allegations.

25. After doing a considerable damage to Pak-

U.S. relationship in terms of trust and confidence, and
when he apparently realized the consequences of his
manipulative anti-U.S. campaign towards his political
prospects, the accused Imran Ahmed Khan Niazi began
to falsely accuse the Pakistan's military leadership of
conspiracy to oust him from power.

26. In a confessional statement by Muhammad

Azam Khan, PW-11, duly recorded before a Magistrate
pursuant to the Section 164 of Code of Criminal
Procedure, Muhammad Azam Khan, PW-11, has
revealed that he had warned the accused Imran Ahmed
Khan Niazi about potential breaches of the Official
Secrets Act, 1923 by talking about or revealing the
contents of the Cipher. Paying no heed to such
warnings, the accused Imran Ahmed Khan Niazi went
on to recklessly talk about the Cipher at public rallies, in
various interactions with local and foreign press, and on
social media. This deliberate misuse of his privileged
access to classified information as Prime Minister of
Pakistan implies that he along with the co-accused did
in fact committed criminal conspiracy and committed
offence(s) under the Official Secrets Act, 1923.
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27. He also admitted to having lost/misplaced a

copy of the Cipher which was entrusted to him in his
capacity as the Prime Minister. The oath of office of the
Prime Minister prescribed under Third Schedule to the
Constitution mandates that the Prime Minister cannot
communicate or reveal to any person any matter which
he becomes aware of or is communicated to him. The
relevant part of the oath of the Prime Minister is
reproduced as follows:

"And that I will not directly or indirectly

communicate or reveal to any person any
matter which shall be brought under my
consideration or shall become known to
me as Prime Minister, except as may be
required for the due discharge of my
duties as Prime Minister."

28. It is quite clear from the above that a heavy

duty burden is cast upon the Prime Minister, who
becomes privy to the most confidential information. The
Constitution requires a person occupying the high office
of the Prime Minister to act in most responsible manner
and absolutely refrain from doing anything which
undermines interests of Pakistan. Sadly, the accused
Imran Ahmed Khan Niazi, besides committing offences
under the Official Secrets Act, 1923 has also violated his
oath.

29. It is quite clear from the evidence brought on

record that by compromising the integrity of Cipher
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communications system of Pakistan, the accused, Imran

Ahmed Khan Niazi, in connivance with the accused,
Shah Mehmood Qureshi has compromised Pakistan's
international standing, the credibility and standing of
our diplomats and diplomacy with adverse implications
for our future diplomatic reporting culture. Pakistan has
clearly faced consequences of this. It is evident that
Pakistan has faced serious economic, diplomatic and
political consequences due to the offences committed by
the accused Imran Ahmed Khan Niazi and Shah
Mehmood Qureshi, which in turn weakened Pakistan's
economy thus, adversely affecting the national security.
Pakistan's standing at various international
organizations was adversely affected by the offences
committed by the accused and has benefited foreign
powers, who are not necessarily friendly towards
Pakistan.

30. It is an open and shut case wherein receipt of

cypher message along with chain of custody is proved
through tangible evidence which is supported by cypher
movement registers. Moreover, in the light of statement
of Azam Khan, the then SPM un-authorized retention of
cypher even after his advice, negligent handling of
telegram containing cypher message is also proved. So
far as section 5(3)(a) of OSA is concerned, there are
statements of three witnesses other than IO which says
that disclosure of cypher information implicates adverse
effects and learned prosecutors relied upon statements
of Mr. Asad Majeed, the then Ambassador, Sohail
Mehmood, ex-Foreign Secretary and Faisal Niaz Tirmizi.
Moreover, scientific evidence by technical experts and
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THE STATE VERSUS IMRAN AHMED KHAN NIAZI & another.
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their reports are relevant, waver of telegram and

disclosure of information before public at large are also
not denied and factum of benefit to foreign power is to
be evaluated in the light of attending circumstances and
this fact is to be inferred they emphasized on word
“calculated” used in the relevant provision. They have
further argued that Mr. Shah Mehmood Qureshi accused
had instigated and spoke in public meeting dated
27.3.2022 and each and every word of his speech
tantamount to abetment through instigation. Since he
was the then Foreign Minister after his speech Imran
Ahmad Khan Niazi, shared confidential information of
cypher telegram to public at large who were un-
authorized for sharing of this information and this public
meeting and speeches of both the accused one after the
other are sufficient to prove that principal accused Imran
Ahmad Khan Niazi has violated the provisions of Official
Secret Act on the instance of his co-accused Shah
Mehmood Qureshi and both are responsible for violation
of section 5 read with section 9 of OSA, 1923 along with
section 34 of PPC. If for the sake of arguments, the
defense version of both the accused above stated
contention is correct, then why he avoided and did not
opt to produce himself in the witness box for his
examination on oath u/s 340 (2) Cr.PC. Even he has not
inclined to produce any defence. His departure from
such exercise depicts that he has concocted a false and
fabricated version. Both the accused have also failed to
establish that they have not committed the offences
leveled as per charge. The stance of both the accused in
the light of all the PWs specifically the statement of PW-
21 Asad Majeed, PW-23 Faisal Niaz Tirmizi, PW-18
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Sohail Mahmood, F.S. and PW-11 Azam Khan including

PW-25 Mian Sabir Hussain badly shattered by the
above said PW who all the PWs while recording evidence
fully supported the stance of prosecution. The
prosecution version and defense version are taking into
juxta position. The prosecution version seems to be
plausible, tangible and coherent. In the given
circumstances, the defence version is turned down after
perusing version of both the accused through defense
version discarded in limini.

31. This court considered all the prosecution

evidence which has been adduced before this court by
the prosecution and defense counsels, learned state
counsels as defense counsels on state expenses
conducted the cross examination on all the remaining
PWs which is on record. In the above said scenario the
prosecution has proved its case beyond any shadow of
doubt. Since the accused party themselves created this
situation due to their own dereliction through deliberate
ill advice actions. This court finds that prosecution has
proved its case beyond reasonable doubt, and accused
Imran Ahmad Khan Niazi and Shah Mehmood Qureshi
held guilty.

32. The PWs and other pieces of evidence

Ex.PW1/A to Ex.PW25/E is on record by the prosecution
remained corroborative according to the statements
recorded by this court. Though 25 PWs were cross-
examined but the fact is that they remained natural,
consistent and confidence inspiring without any element
of exaggeration or planted thought.
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33. Therefore, prosecution has become successful

in proving the charges leveled in the light of charge
against the accused Imran Ahmad Khan Niazi and Shah
Mehmood Qureshi.

34. This court holds that Imran Ahmad Khan

Niazi and Shah Mehmood Qureshi are guilty u/s 5(3)(a),
5(1)(c) punishable u/s 5(3)(b) of OSA, 5(1)(d) Punishable
u/s 5(3)(b) of OSA, and section 9 of OSA read with 34
PPC. Moreover, accused Imran Ahmad Khan Niazi is
held guilty. In view of the foregoing evidence available
on record which is unrebutted, it is clear that due to
advertent and willful acts of accused persons, the
accused Imran Ahmad Khan Niazi is held guilty in the
light of charge u/s 5(3)(a) of the Official Secret Act, 1923
and he is convicted and sentenced u/s 5(3)(a) of the
OSA, 1923 and punished with rigorous imprisonment for
a term of 10-years. Secondly, the accused Imran Ahmad
Khan Niazi is also held guilty in the light of charge u/s
5(1)(c) and he is convicted and sentenced u/s 5(3)(b) of
the OSA, 1923 and punished with rigorous
imprisonment for a term of 2-years and with fine of
Rs.10 Lacs. Thirdly, accused Imran Ahmad Khan Niazi
is held guilty in light of charge u/s 5(1)(d) of OSA, 1923
he is convicted and sentenced u/s 5(3)(b) of OSA, 1923
and punished with rigorous imprisonment for a term of
2-years and with fine of Rs.10 Lacs. Fourthly, both the
accused Imran Ahmad Khan Niazi and Shah Mehmood
Qureshi are held guilty in light of charge u/s 5(3)(a) of
the OSA, 1923 read with section 34 PPC and are
convicted and sentenced u/s 5(3)(a) read with section 34
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PPC and are convicted and sentenced u/s 5(3)(a) read

with section 34 PPC and punished with rigorous
imprisonment for a term of 10-years, each. Fifthly, the
accused Shah Mehmood Qureshi is held guilty in light of
charge u/s 9 read with section 5(3)(a) of the OSA, 1923
and is convicted and sentenced u/s 5(3)(a) of OSA, 1923
with rigorous imprisonment for a term of 10-years. The
benefit of section 382-B Cr. PC shall also be awarded to
both the convicts. All the supra mentioned sentences
shall run concurrently. Copy of the judgment be supplied
to both the convicts free of cost. Both the convicts are
present in court on bail, they be taken to the jail to
undergo sentences awarded to them. File be consigned
to record after due completion and compilation.

Announced (Abual Hasnat Muhammad Zulqarnain)

30.01.2024 Judge, Special Court (Official Secret)
Camp Court at Central Prison,
Rawalpindi

It is certified that this judgment consists of 77

pages. Each page has been dictated, corrected and
signed by me.

Dated: (Abual Hasnat Muhammad Zulqarnain)

30.01.2024 Judge, Special Court (Official Secret)
Camp Court at Central Prison,
Rawalpindi