ISLAMABAD – Expressing its confidence over Imran Khan, the Islamabad High Court (IHC) Wednesday said that as an elected Prime Minister he would not disclose any information or act in breach of section 5 of the Official Secrets Act, 1923 nor the oath taken by him under the Constitution.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah stated this after hearing a petition in which the petitioner invoked the jurisdiction of the court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 because he asserted that his grievance stems from the statement made by the Prime Minister of Pakistan regarding public disclosure of a letter, which is stated to be confidential.
Justice Athar noted in his written verdict that any decision taken by the Prime Minister has to be in consonance with his obligations under the Official Secrets Act, 1923 and in letter and spirit of the oath of the office.
He further said, “The Court has trust and confidence that the worthy Prime Minister of Pakistan would not reveal any information which may be prejudicial to the national interest and national integrity of Pakistan nor that he would act in any manner that would have the effect of violating his oath.”
The IHC Chief Justice maintained, “The petition stands disposed-off in the above terms because passing a restraining order would unjustifiably reflect lack of confidence in an elected Prime Minister.”
Justice Athar says elected PM will not reveal any information which may be prejudicial to national interest
In his petition, petitioner Muhammad Naeem Khan asserted that since a no confidence has been tabled against the prime minister Parliament, therefore, it is apprehended that the latter’s personal interest may prevail over the official obligations.
His counsel Muhammad Ali Raza Advocate inter alia, contended that the communication, likely to be made public, is covered under section 5 of the Official Secrets Act, 1923. He drew the attention of the Court to section 5 in support of his contention that no document in possession of a public office holder can be disclosed to a person other than to whom he is authorized to communicate it, or a court of justice or a person to whom it is, in the interest of the State, or his duty to communicate it.
The counsel, therefore, stressed that a confidential communication cannot be made public otherwise it would be in violation of the Official Secrets Act, 1923 as well as the Prime Minister’s oath administered under Article 91(5) of the Constitution.
The IHC bench noted that the Prime Minister of Pakistan represents the people of Pakistan and he was administered the oath under Article 91(5) of the Constitution and reproduced the relevant portion of the oath: “That, as Prime Minister of Pakistan, I will discharge my duties, and perform my functions, honestly, to the best of my ability, faithfully in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan:” “And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Prime Minister, except as may be required for the due discharge of my duties as Prime Minister”.