The Islamabad High Court issued a detailed judgement rejecting Shah Mahmood Qureshi’s case on Saturday, saying that aiding a crime carried maximum punishment under the Official Secrets Act and that remarks in a jalsa do no enjoy constitutional protection.

In a 10-page order issued on Saturday morning, Chief Justice Aamer Farooq wrote that Qureshi had sought immunity for himself in the case under Article 248 of the constitution. The article protects action taken by an individual while they hold office or in course of official duty.

However, Justice Farooq ruled that the immunity does not extend to Qureshi as the cipher was revealed in a public gathering or jalsa.

“…in the instant case allegation against the petitioner is that his words in the public gathering/jalsa on 27.03.2023 amounted to aiding, abetting and inciting the coaccused to divulge the contents of the cypher,” the judgement reads.

“The referred act does not fall within the ambit of official duty,” it adds.

However, the court order mistakenly refers to the Pakistan Tehreek-e-Insaf rally where the cipher was revealed to have taken place in 2023 instead of 2022 in two separate places in the judgement.

The decision also says the Imran Khan, the main accused in the cipher case, has been charged with offences that could entail a death sentence or life imprisonment. It adds that since Qureshi is charged with abetting the crime, he could potentially face the same sentence.

Justice Farooq also wrote that the denial of bail cannot be used to punish someone. However, caution has to be exercised in cases where death sentences are involved.

“In this regard, the balance is to be maintained that liberty of a person ought not be compromised but gravity of charge or allegation is also to be kept in view,” the judgement says.

The balance can be reached, the judgement says, by directing the court to complete the trial quickly. The judgement also asks the court to complete the trial within four weeks of the order.