The ex-PM is granted bail in the cypher case, but no clarity on his release as the country prepares for February 8 polls.
Pakistan’s former Prime Minister Imran Khan has been granted bail in a case alleging he leaked state secrets, but he remains in jail on other charges ahead of the general election due in February.
The Supreme Court on Friday granted Khan bail in the case, but it was not clear how he could be released while serving a three-year sentence for corruption and facing other charges.
Khan – detained since August – alleges the powerful military is colluding with dynastic parties that have long dominated Pakistan to crush his political party and prevent him from standing for office.
The 71-year-old has been pummelled by a barrage of legal cases since being removed from office in April 2022 after falling out with the top brass, and has twice been jailed.
“The case has completely collapsed, and Imran Khan and Shah Mahmood Qureshi have finally been granted bail,” lawyer Salman Safdar told reporters outside court, referring to Khan’s former foreign minister who is being held in the same case.
Prosecutors allege the two leaders mishandled a diplomatic cable, known as cypher, sent by Pakistan’s ambassador to the United States.
Both have repeatedly denied the charge, saying the cable was proof of a conspiracy by the Pakistani military and the US government to topple his government in 2022 after he visited Moscow just before Russia’s invasion of Ukraine.
Washington and Pakistan’s military have denied the accusations.
A private trial in the cypher case took place inside jail until a legal challenge forced the court to restart open proceedings, with observers and media present.
On Friday, the Supreme Court in its short order said “there are not reasonable grounds for believing” that an offence under the colonial-era Official Secrets Act, which carries a possible 14-year prison term or death sentence, was committed by Khan.
“There are sufficient grounds for further inquiry into their guilt of said offence, which is to be finally decided by the learned trial court,” the top court said.
Khan’s Pakistan Tehreek-e-Insaf (PTI) party said he remains incarcerated over numerous separate corruption cases, with scant chance he will leave prison to contest elections due February 8.
“The prospect of him obtaining relief in the near future appears to be very slim,” party lawyer Khalid Yousaf Chaudry told AFP news agency.
The fate of politicians in Pakistan has historically ridden on their relationship to the military establishment, which has directly ruled the country on several occasions.
Pakistan is scheduled to hold its general election on February 8, 2024.
Khan was disqualified by the Election Commission of Pakistan (ECP) in August for five years following his conviction in a case related to illegal purchase and sale of foreign gifts he received as prime minister.
Khan approached the Islamabad High Court to set aside his disqualification. However, on Thursday, the high court rejected his plea, blocking his way to contest the upcoming election.
The former cricket star-turned-politician’s legal team is now expected to file an appeal in the Supreme Court to allow Khan to contest the election.