IMRAN AHMAD KHAN NIAZI vs State S — 2024 PLD 87 ISLAMABAD

Case information

Citation: 2024 PLD 87 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: PLD
Parties: IMRAN AHMAD KHAN NIAZI vs State S
Subject matter: Criminal
Provisions referred to: S. 497---O; S. 5; Official Secrets Act (XIX of 1923); Official Secrets Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IMRAN AHMAD KHAN NIAZI VS State S. 497---Official Secrets Act (XIX of 1923), Ss. 5 & 9---Wrongful communication, etc., of information---Bail, refusal of---Cypher contents made public---Petitioner/accused was ex-Prime Minister who was arrested for making public the contents of Cypher transmitted by Pakistani diplomat from a foreign country in coded form---Validity---Provision of S. 5 of Official Secrets Act, 1923, was attracted as Cypher, in its decoded form, was transmitted by Ministry of Foreign Affairs to Prime Minister's Secretariat and was duly received by Prime Minister (petitioner/accused) and he apparently lost that document---Petitioner/accused twisted contents of the Cypher for his political benefits and had also made contents thereof public---Petitioner/accused was not authorized to do so as per S. 5 of Official Secrets Act, 1923---Petitioner/accused received contents/information contained in Cypher by virtue of his position as the then Prime Minister of the country---Communication of the Cypher with public at large in a political speech on 27-03-2022 tantamounted to divulging contents thereof to the public, which they were not authorized to receive, as the same were secret and classified---Such act of petitioner/accused fell under S. 5(1)(a) of Official Secrets Act, 1923---Bail was refused, in circumstances.

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