Imran Khan faces new legal battle: Missing cypher case, explained

Pakistan’s former prime minister Imran Khan is in a world of trouble; his legal woes just don’t end. Currently lodged in Attock jail after being convicted in the Toshakhana case, Imran Khan, who is also the Pakistan Tehreek-e-Insaf (PTI), has been booked by the Federal Investigation Agency (FIA) in the case of a missing cypher.

According to news agency ANI, the new case against the now-suspended leader comes after he was questioned by the Anti-Terrorist Wing of the FIA and they came to a conclusion that Khan was behind the leak of the classified document.

Confirming the same, the authorities said that they had grilled Khan in jail and registered the case. “The JIT met Khan in the office of the deputy superintendent jail,” said an official to ARY News, adding, “A case has been registered in connection with the “missing cypher” from the official record of the Prime Minister’s Office and Khan has been indicted in the case.”

What is this new legal wrangle faced by Imran Khan? Here’s a better look.

The missing cypher saga

The new legal matter facing Imran Khan pertains to him making public a confidential diplomatic cable and keeping it in his possession. It all began in March last year when Khan brandished the letter, which he claimed contained detail of a threat made by the United States against his government, at a public gathering in Islamabad. He claimed that it was evidence of an “international conspiracy” backed by the US to topple his government.

At the time he didn’t reveal the contents of the letter nor mentioned the name of the nation that had sent it. However, a few days later, Khan said that the letter about former Pakistan ambassador to the US Asad Majeed’s meeting with Assistant Secretary of State for South and Central Asia Affairs Donald Lu. The former prime minister, claiming that he was reading contents from the cypher, said that “all will be forgiven for Pakistan if Imran Khan is removed from power”.

It’s important to note here that since his ouster from power, Khan and his party have maintained that the US has conspired to remove him from his position, a claim that both Washington and even Pakistan’s National Security Council has refuted.

Months later, two audio leaks brought the cypher back into the spotlight when audio leaks revealed that Imran Khan, then federal minister Asad Umar and Khan’s then-principal secretary Azam Khan were discussing how the cypher could be used in their interest.

Following the audio leak, in October last year, the Shehbaz Sharif government then gave the green signal to initiate action against the former prime minister and handed over the case to the FIA.

Last month, the case took a turn when Azam Khan, according to a report by GeoTV, “recorded” a statement, terming the US cypher a “conspiracy” used by the ex-PM to “manipulate for creating a narrative against establishment and opposition”.

Also read: Does Pakistan’s Imran Khan have a future in politics after being jailed?

Following this, Pakistan’s then Interior Minister Rana Sanaullah said that Imran Khan had committed a crime for which he should be “punished at all costs”. “Making a classified document or a (piece of) information public and then taking it into one’s possession – no person is legally eligible to have it (cypher) in their custody,” he said.

Sanaullah further was quoted by news agency PTI as saying, “The law department’s opinion would be the final (decision) on this, but I think the Official Secrets Act is more relevant (in this case).”

The minister also likened the case to proceedings initiated against former US president Donald Trump on allegations of mishandling classified documents and said that Azam Khan said that the ex-premier told him that the “cypher had gone missing but my assessment is that he (Imran) still has it”.

Contents of the missing cypher

But what exactly did this missing cypher entail? According to US website, The Intercept, Lu raises the issue of the no-confidence vote against Imran Khan: “I think if the no-confidence vote against the prime minister succeeds, all will be forgiven in Washington because the Russia visit is being looked at as a decision by the prime minister,” Lu said, according to the document. “Otherwise,” he continued, “I think it will be tough going ahead.”

Lu warned that if the situation wasn’t resolved, Pakistan would be marginalised by its Western allies. “I cannot tell how this will be seen by Europe but I suspect their reaction will be similar,” Lu said, adding that Khan could face “isolation” by Europe and the US should he remain in office.

Asked about quotes from Lu in the Pakistani cable, State Department spokesperson Matthew Miller was later quoted as saying, “Nothing in these purported comments shows the United States taking a position on who the leader of Pakistan should be.” Miller said he would not comment on private diplomatic discussions.

Cases against Imran Khan

The missing cypher case is just one more legal hassle facing Imran Khan. He’s already been incarcerated in the Toshakhana case, and according to news agency PTI, he’s already facing 121 cases across the country, including committing treason and blasphemy and inciting violence and terrorism.

The PTI had earlier submitted a list of cases to the Islamabad High Court, stating that 31 cases have been registered against Khan in the federal capital and 30 cases and call-up notices have been issued in Lahore, the capital of Punjab province.

According to the list, 12 cases of terrorism have been registered against Imran Khan in Lahore and 14 cases have been registered in Faisalabad. Some 22 terrorism cases have been registered against Imran Khan across the country.

With inputs from agencies