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

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IMRAN AHMAD KHAN NIAZI VS State Ss. 5 & 9--- Constitution of Pakistan, Art. 199---Procedure For Issue, Circulation and Storage of Classified Messages Received and Issued In Cypher by Ministry of Foreign Affairs---Constitutional petition---Quashing of FIR---Scope---Wrongful communication etc. of information---Cypher contents made public---Petitioner/accused was ex-Prime Minister who was arrested for making public the contents of Cypher transmitted by Pakistani diplomate from a foreign country in coded form---Petitioner/accused sought quashing of FIR---Validity---Cypher was a document received by petitioner/accused from Ministry of Foreign Affairs---Dealing of such like documents was provided in 'Procedure For Issue, Circulation and Storage of Classified Messages Received and Issued In Cypher' (Guidelines formulated by Ministry of Foreign Affairs)---Cypher was a classified document and it was not to fall in hands of any unauthorized persons---Movement of Cypher telegram was to be properly recorded by the officer concerned or by the Crypto Centre---After the document had been sent to restricted hands, it was supposed to be brought back and all copies were to be destroyed and only one copy was maintained---Cypher in question was received as a 'classified document' meant only for certain restricted personnel and not to fall in hands of unauthorized persons and after some time, reverted back to the originator i.e. Ministry of Foreign Affairs---'Classified document' could not be made public or dealt with other-wise than for the purpose, for which, it was meant for---Any breach thereof tantamounted to attraction of S. 5 of Official Secrets Act, 1923---High Court declined to interfere in the trial of offence against petitioner/accused---Constitutional petition was dismissed, in circumstances.

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

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