Nawaz booked for sedition

LAHORE/ISLAMABAD: Former prime minister Nawaz Sharif and top leadership of Pakistan Muslim League-Nawaz (PML-N) was named in the first information report (FIR) on Monday for delivering provocative speeches from London “to defame Pakistan's institutions”.

Shahdara police registered the FIR under the sedition laws against Nawaz Sharif on a complaint of a citizen, Badar Rasheed, son of Rasheed Khan, a resident of Mohallah Khurshid Park, Shahdara, under sections 120, 120B, 121, 121A, 123A, 124, 124A, 153, 153A and 505 of the Pakistan Penal Code (PPC) and Section 10 of Prevention of Electronic Crimes Act 2016.

The complainant claimed that Nawaz Sharif hatched criminal conspiracy by delivering speeches from London on the electronic and social media on Sept 20, 2020 during the all parties conference (APC), and PML-N’s central working committee (CWC) and central executive committee meetings on Oct 1, 2020.

The complainant alleged that the former prime minister, in his speeches, supported the policies of India, and claimed that Nawaz wanted to give an impression that Pakistan would be listed in the Financial Action Task Force (FATF) grey list in its upcoming meeting.

The citizen, in the FIR, claimed that Nawaz, in his speeches, wanted to divert the attention of people across the world from Indian forces’ atrocities in the Occupied Jammu and Kashmir and India’s occupation of the territory. “Nawaz Sharif’s speech was aimed to indirectly benefit his friend Indian Prime Minister Narendra Modi,” stated the FIR. It also alleged that the former prime minister’s speeches defamed Pakistan’s high courts and armed forces in front of the international community. The complainant further stated that the court had allowed Nawaz Sharif to go abroad for treatment on humanitarian grounds under special conditions, but he started maligning Pakistani institutions under a planned criminal conspiracy.

Besides Nawaz Sharif, Azad Jammu and Kashmir (AJK) Prime Minister Raja Farooq Haider Khan and three retired generals are among 40 PML-N leaders nominated in the FIR.

Those booked under the above mentioned sections include: Raja Zafarul Haq, Sardar Ayaz Sadiq, Shahid Khaqan Abbasi, Khurram Dastgir, Senator Lt Gen (R) Abdul Qayyum, Saleem Zia, Iqbal Zafar Jhagra, Senator Lt Gen (R) Salahuddin Tirmizi, Maryam Nawaz, Ahsan Iqbal, Sheikh Aftab Ahmed, Pervaiz Rashid, Khawaja Asif, Rana Sanaullah, Begum Najma Hameed, Begum Zakia Shahnawaz, Tariq Razzaq Chaudhry, Sardar Yaqoob Nisar, Nawabzada Changez, Miftah Ismail, Tariq Fazal Chaudhry, Muhammad Zubair, Lt Gen (R) Abdul Qadir Baloch, Shiza Fatima Khawaja, Murtaza Javed Abbasi, Mehtab Ahmed Khan, Mian Javed Latif, Marriyum Aurangzeb, Attaullah Tarar, Chaudhry Birjees Tahir, Chaudhry Muhammad Jaffer Iqbal, Azma Bukhari, Shaista Pervez Malik, Saira Afzal Tarar, Begum Ishrat Ashraf, Waheed Alam, Raheela Durrani, Danial Aziz, etc. Those included in the FIR for being part of the meetings through video link included Raja Farooq Haider Khan, Khawaja Saad Rafique, Amir Muqam, Irfan Siddique, etc.

The Section 120 included in the FIR reads as: Concealing design to commit offence punishable with imprisonment: Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design, The section further reads that if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one fourth. Section 120-B punishment of criminal conspiracy: (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

Sections 121 and 121A of the PPC are related to the offences against the State. Section 121 reads: Waging or attempting to wage war or abetting waging of war against Pakistan: Whoever wages war against Pakistan, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine. Illustration A joins an insurrection against Pakistan. A has committed the offence defined in this section.

Section 121-A reads: “Conspiracy to commit offences punishable by Section 121: Whoever within or without Pakistan conspires to commit any of the offences punishable by Section 121, or to deprive Pakistan of the sovereignty of her territories or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the federal government or any provincial government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine.

Explanation: To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof.

Section 123-A reads: “Condemnation of the creation of the State, and advocacy of abolition of its sovereignty: (1) Whoever, within or without Pakistan, with intent to influence, or knowing it to be likely that he will influence, any person or the whole or any section of the public, in a manner likely to be prejudicial to the safety 2[or ideology] of Pakistan or to endanger the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, shall by words, spoken or written, or by signs or visible representation abuse Pakistan or, condemn the creation of Pakistan by virtue of the partition of India which was effected on the fifteenth day of August, 1947, or. advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all or any of the territories lying within its borders, whether by amalgamation with the territories of neighbouring States or otherwise, shall be punished with rigorous imprisonment which may extend to ten years and shall also be liable to fine. (2) Notwithstanding anything contained in any other law for the time being in force, when any person is proceeded against under this section, it shall be lawful for any Court before which he may be produced in the course of the investigation or trial, to make such order as it may think fit in respect of his movements, of his association or communication with other persons, and of his activities in regard to dissemination of news, propagation of opinions, until such time as the case is finally decided. (3) Any Court which is a Court of appeal or of revision in relation to the Court mentioned in subsection (2) may also make an order under that sub-section.

Section 124 of PPC reads: Assaulting President, Governor, etc., with intention to compel or restrain the exercise of any lawful power: Whoever, with the intention of including or compelling the President of Pakistan, or the Governor of any Province, to exercise or refrain from exercise in any manner of the lawful powers of the President, or Governor, assaults, or wrongfully restrains, or attempts wrongfully to restrain or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, the President, or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

124-A Sedition: Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Federal or Provincial Government established by law shall be punished with imprisonment for life to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation 1: The expression “disaffection includes disloyalty and all feelings of enmity.

Explanation 2: Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section. Explanation 3: Comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Section 153 of the PPC reads: Wantonly giving provocation with intent to cause riot if rioting be committed; if not committed: Whoever malignantly, or wantonly, by doing anything which is illegal, lives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence if rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Section 153-A of PPC reads: Promoting enmity between different groups, etc.: Whoever (a) by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites, or attempts to promote or incite, on grounds of religion, race, place of both, residence. language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or (b) commits, or incites any other person to commit, any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities or any group of persons identifiable as such on any ground whatsoever and which disturbs or is likely to disturb public tranquillity; or (c) organises, or incites any other person to organise, and exercise, movement, drill or other similar activity intending that the participants in any such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained to use criminal force or violence or participates, or incites any other person to participate, in any such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in any such activity will use or be trained, to use criminal force or violence, against any religious, racial, language or regional group or caste of community or any group of persons identifiable as such on any ground whatsoever and any such activity for any reason whatsoever cause or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment for a term which may extend to five years and with fine.

Explanation: It does not amount to an offence within the meaning of this section to point but, without malicious intention and with an honest view to their removal, matters which are producing, or have a tendency to produce, feelings of enmity or hatred between different religious, racial, language or regional groups or castes or communities.

Section 505 of PPC reads: Statements conducing to public mischief Whoever makes, publishes or circulates any statement, rumour or report, (a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of Bangladesh to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the state or against the public tranquillity; or (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community 163[; or (d) with intent to create or promote, or which is likely to create or promote, feelings of enmity, hatred or ill-will between different communities, classes or sections of people,] shall be punished with imprisonment which may extend to 164[seven years], or with fine, or with both.

Exception.- It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it without any such intent as aforesaid.

Moreover Section 10 of Prevention of Electronic Crimes Act 2016 reads: Cyber terrorism.

— Whoever commits or threatens to commit any of the offences under sections 6, 7, 8 or 9, where the commission or threat is with the intent to,—- (a) coerce, intimidate, create a sense of fear, panic or insecurity in the Government or the public or a section of the public or community or sect or create a sense of fear or insecurity in society; or (b) advance inter-faith, sectarian or ethnic hatred; or (c) advance the objectives of organisations or individuals or groups proscribed under the law, shall be punished with imprisonment of either description for a term which may extend to 14 years or with fine which may extend to Rs50 million or with both.

Meanwhile, the Executive Board of the National Accountability Bureau (NAB) approved review of the inquiry against the JUI-F ameer and president of 11-parties opposition alliance Pakistan Democratic Movement (PDM) Maulana Fazlur Rehman in a case pertaining to assets allegedly beyond known sources of income.

The Executive Board also approved inquiries against son-in-law of former prime minister Nawaz Sharif, Captain (R) Muhammad Safdar and President PML-N KP Amir Muqam and Sher Azam Wazir for allegedly making assets beyond known sources of income.

The meeting of the Executive Board was chaired by NAB Chairman Justice (R) Javed Iqbal. The meeting reviewed progress in the ongoing inquiries in Billion Tree Tsunami case besides latest progress in investigations against Nawabzada Mehmood Zaib, Usman Saifullah and others.

The NAB decided to obtain certified copy of the Malam Jabba case and in the light of the certified copy of the verdict of Peshawar High Court, further course of action will be decided as per law.

The Executive Board also authorised investigation of illegal appointments of officers/officials of Bank of Khyber, Peshawar and others which were allegedly made contrary to rules.

The NAB’s Executive Board decided to conduct the ongoing inquiries and investigations independently, transparently on merit on the basis of concrete evidence after getting point of view of the accused, so that all requirements of justice could be fulfilled and no inquiry and investigation will be completed unheard.

Speaking at the meeting, Justice (R) Javed Iqbal said the NAB is absolutely committed to eradicate corruption by putting in serious efforts in order to make corruption-free Pakistan. He said all resources are being utilised to take mega corruption cases to logical conclusion on priority.

Meanwhile, former president Asif Ali Zardari was indicted an accountability court in the Thatta Water Supply and Park Lane references. The PPP leader and others nominated in the references presented themselves before the court in a hearing presided over by Justice Azam Khan.

During the hearing, the former president was presented with a charge sheet for the Thatta Water Supply and Park Lane references, while the other suspects were provided a copy of their indictments.

A total 19 persons were indicted in the Park Lane reference while 15 were indicted in the Thatta Water Supply reference.

Zardari pleaded not guilty to the charges as the court directed the NAB to present witnesses in the Park Lane reference by October 20 and in the Thatta Water Supply reference by October 21.

The court had indicted Zardari and his sister Faryal Talpur on September 28 in the mega money laundering reference.

Speaking outside the accountability court with reporters, Zardari was asked to comment on Khawaja Asif’s remarks about him.

“Khawaja Asif must have given the statement on somebody’s instructions,” he said. “The intent was to divide the opposition.”

Talking about the accountability cases filed against him, Zardari said that he had previously suffered under the same circumstances when cases were filed against him.

“When we are in opposition, such cases are filed against us,” he said. “We have been going through these cases (in the past as well).”

When asked about the ban on the speeches of former Nawaz Sharif on electronic media, Zardari said such things could not be practical as now the people have mobiles in their hand in the shape of TV.

Meanwhile, the PPP Chairman Bilawal Bhutto Zardari announced to oppose the annexation of Sindh’ coastal areas in both the houses of the Parliament and questioned that how this act is any different to Modi’s actions in Indian Occupied Kashmir.

Bilawal said on Twitter that the PPP will oppose the illegal annexation of Sindh’s Islands through presidential ordinance by the PTI government. “I ask how this act is any different to Modi’s actions in Occupied Kashmir,” he questioned.

He said the move will be opposed in National, Provincial Assembly and the Senate. Through another tweet, Bilawal came harsh on the government for continuous appearances of Asif Ali Zardari in accountability court, and said the regime’s response to the PPP’s All Parties Conference and Pakistan Democratic Movement has come in shape of increase in frequency of Asif Ali Zardari’s appearance in courts.