The Supreme Court has issued the release order for former prime minister Imran Khan, who is incarcerated, at Adiala Jail in the cipher case.

The cipher case pertains to a diplomatic document that reportedly went missing from Khan’s possession. The PTI alleges that the document contained a threat from the United States to oust Imran from office because of his stance on Russia.

Khan and former Shah Mahmood Qureshi are being tried by a special court under the Official Secrets Act. All hearings in the case have so far been held inside the Adiala Jail.

On December 22, a three-member SC approved the bail petitions of Khan and ex-foreign minister Shah Mahmood Qureshi in the cipher case.

The SC bench comprising acting Chief Justice of Pakistan Sardar Tariq Masood, Justice Athar Minallah and Justice Mansoor Ali Shah directed that the two leaders be released on bail and directed them to submit surety bonds worth Rs1 million each.

For Khan, his lawyer Khalid Yousuf Chaudhry had submitted the surety bond.

In the nine-page written order last month, the apex court said that the imprisonment of Khan and Qureshi would not serve any use and their release could lead to ‘genuine elections’.

Justice Shah wrote that maximum punishment under the Official Secrets Act can only be applicable if an action has been committed with the aid of a foreign power.

He added that bail can be provided if there is no reasonable ground for believing that the accused has committed such an offence but only enough grounds for further inquiry.

Also, read this

State Dept responds to cipher ‘leak’, says it proves the US never interfered in Pakistan

NSC meetings could not have taken place if cipher had been ‘lost’, Imran’s lawyer says

What is the maximum punishment under Official Secrets Act?

Justice Shah also said that the Islamabad High Court wrongly denied bail to Khan based on the available material.

Moreover, Justice Minallah in his additional note said that Khan has served as leader of the house while Qureshi is a senior leader of his party and the question of their release during an election period is one of public importance.

“The Constitution of the Islamic Republic of Pakistan, 1973 unequivocally contemplates that the authority of the government is solely premised on the will of the people,” he said. He went on to say that each party and candidate should have an equal opportunity to function and only a ‘genuine’ election could be considered a true representation of the will of the people.