IMRAN AHMED KHAN NIAZI vs State S — 2024 SCMR 1284 SUPREME-COURT

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IMRAN AHMED KHAN NIAZI VS State S. 497(2)---Official Secrets Act (XIX of 1923), Ss. 5 & 9---Penal Code (XLV of 1860), S. 34---Constitution of Pakistan, Art. 185(3)---Communicating information contained in a secret classified Cypher Telegram received from Pakistan's Ambassador to a foreign country to unauthorized persons, common intention---Bail, grant of---Further inquiry---Right of bail for political leaders and political workers during elections period---Scope---[Per Syed Mansoor Ali Shah, J: There was no sufficient incriminating material available, at present stage, which could show that the petitioner (former Prime Minister) communicated the information contained in the Cypher Telegram to the public at large with the intention or calculation, directly or indirectly, in the interest or for the benefit of a foreign power nor the disclosed information related to any of the defence installations or affairs, nor did he disclose any secret official code to the public at large---There were no reasonable grounds for believing, at present stage, that the petitioners (former Prime Minister and Foreign Minister) committed the offence punishable under clause (b) of Section 5(3) of the Official Secrets Act, 1923 ('Act') but rather that there were sufficient grounds for further inquiry into their guilt of the said offence, which was to be finally decided by the Trial Court after recording of the evidence of the parties]---[Per Athar Minallah, J: Incarceration of a political competitor during the period of elections, except when it is necessary due to exceptional circumstances, gravely affects the fundamental rights of the voters and prejudices the genuineness and integrity of the elections---As far as the question as to why political leaders and political workers should be extended preferential treatment, the answer is that there is a higher and greater interest of the people at large involved which is always given preference over other interests---There cannot be a greater public interest than ensuring genuine elections and if the incarcerated person intends to contest elections or the standing of a political party is dependent upon the latter then this ought to be considered a ground for the grant of bail during the election period---Concession of bail in such an eventuality should be considered favorably as a rule and declined in exceptional circumstances---Pakistan's unflattering electoral history and oppressive treatment of political dissidents during the period of elections necessitates considering the grant of bail favorably as a rule---In the present case the petitioners were alleged to be involved in an offence which does not fall under the category of offences that threaten the society such as rape, child abuse, homicide etc.---Investigation has been completed and trial is in progress---Trial is entirely dependent on documentary evidence---Incarceration of the petitioners will not serve any useful purpose----Moreover, their release on bail during the period of elections would ensure 'genuine elections' and thus enable the people to exercise the right to express their will effectively and meaningfully---There were no exceptional circumstances to decline the concession of bail ]---Petitions were converted into appeals and allowed, and bail applications of the petitioners were accepted. Citation Name: 2024 SCMR 1284 SUPREME-COURTBookmark this Case IMRAN AHMED KHAN NIAZI VS State S. 497---Constitution of Pakistan, Art. 185(3)---Bail petition before the Supreme Court---Material available on record, appraisal of---Scope---At bail stage Court cannot indulge in the exercise of a deeper appraisal of the material available on record of the case but is to determine it only tentatively by looking at such material.

IMRAN AHMED KHAN NIAZI vs State S — 2024 SCMR 1284 SUPREME-COURT

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