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Petitioner: JAWAD BEG VS Respondent: THE STATE
P L D 1976 Karachi 938
P L D 1976 Karachi 938
Before Mir Khuda Bakhsh Marri and Mushtak Ali Kazi, JJ
Mirza JAWAD BEG-Appellant
versus
THE STATE-Respondent
Criminal Appeal No. 37 of 1975, decided on 23rd April 1976.
(a) Penal Code (XLV of 1860)-
-- S. 123-A and Prevention of Anti-National Activities Act (VII of 1974), S. 2 read with S. 13 -Condemnation of creation of Pakistan and advocacy of abolition of its sovereignty-Offence relating to activities of accused as sponsor and organiser of public movement for establishment of a "Metropolitan Government for Karachi" intend ing thereby to support a claim for bringing about secession of Karachi from Federation of Pakistan-Accused in pamphlets advocat ing complete independence for State of Karachi on basis of right of self-determination and definitely stating that there should be no inter ference or intervention of any outsiders on Central or Provincial Governments-Demand for right of self-determination, a camouflage for real demand for independent State for people settled in Karachi with separate Government without any alien or outside interference Accused by such activities in effect prepared ground which would have ultimately resulted in secession of City State of Karachi from Pakistan-Held, country cannot run risk of allowing such separatist tendencies to propagate and take route to destroy unity and territorial integrity of sovereign State of Pakistan-Offences, held, sufficiently established against accused-Convictions and sentences maintained.
Province of East Pakistan and others v. Tofazzul Hussain P L D 1965 S C 520 ; Islamic Republic of Pakistan v. Abdul Wali Khan P L D 1976 S C 57 and State v. Abdul Ghaffar Khan P L D 1957 Lah. 142 ref.
(b) Words and phrases
"Right of self-determination-Meaning.
(c) Prevention of Anti-National Activities Act (VII of 1974)-
----S. 16-Sanction for prosecution-Facts shown to have been consi dered in detail and Provincial Government after applying its mind to all relevant facts and circumstances granting sanction under signa ture of Home Secretary-Such sanction, held, not defective in circum stances of case-Constitution of Pakistan (1973), Art. 139 read with Rules of Business of Government of Sind, r. 21.-[Sanction for prose cution].
Gokalchand Dwarkadas Morarka v. The King P L D 1948 P C 11 ; Abdur Rashid v. The State P L D 1960 Kar. 251 and Abdul Awal v. The State P L D 1962 Dacca 623 ref.
Khalid M. Ishaque for Appellant.
M. Sulleman Memon, Asstt. A.-G. for the State.
Dates of hearing : 18th, 19tb, 24th, 26th, 31st March; 1st, 2nd, 6th and 8th April 1976.
JUDGMENT
MUSHTAK ALI KAZI, J.--The appellant has been,' convicted by my learned brother Abdul Hayee Kureshi. J., as Judge of the Special Court of Sind & Baluchistan established under Suppression of Terrorists Activities (Special Courts) Act, 1975 (Act XV of 1975), for offences under section 123-A, P. P. C. and section 2 read with section 13 of the Prevention of Anti National Activities Act. He has been sentenced on the first count to undergo R. 1. for 7 years and to pay a fine of Rs: 5000 or in default to suffer further R. I. for one year. On the second count he has been sentenced to R. 1. for 5 years. The substantive sentences of imprisonment have been ordered to run concurrently.
2. The above offences relate to the activities of the appellant as the sponsor and organiser of public movement or 'United Front' for the establish ment of a Metroplitan Government for Karachi, intending thereby to support a claim for bringing about secession of Karachi from the Federation of Pakistan disrupting or endangering the sovereignty and territorial integrity of Pakistan and advocating curtailment or abolition of Pakistan with regard to the territory of Karachi. The appellant was prosecuted for these offences under the following circumstances.
3. An article appeared in daily 'Hurriat' of 30th October 1974, which came to the notice of Sub-Inspector Ghulam Rabbani of Soldier Bazar Police Station. Some pamphlets relating to `Karachi Shehri Hakoomat' were also produced before the S. H. O. on reading which he came to the conclusion that the aforesaid publications constituted a prima facie case in, respect of the above offences.- He accordingly registered an F. I. R. himself on 30-11-1974, that the appellant Mirza Jawad Beg had started a regional front and was propagating the ideas of a separate State of Karachi. The S. H. O. then organized a raid at the Office of Karachi Metropolitan Government situated at the house of the appellant on Mirza Kaleej Beg Road. He secured amongst other things two rubber seals of 'Karachi Shehri Hakoomat' in English and Urdu, 35 bundles of pamphlets pro pagating the ideas of 'Karachi Shehri Hakootnat', the envelopes with the map of Karachi 'District' and words 'Karachi Shehri Hakoomat' and even some paper badges and flags of Karachi Metroplitan Government. These articles were seized and the appellant was arrested. The S. H. O. then continued his investigation under the supervision of Deputy Superintendent of Police Abdul Aziz. After completing the investigation the case papers were submitted to the Government of Sind on 9-12-1974 through the Home Secretary. The Provincial Government accorded sanction for prosecution of the accused on both the above charges separately. The charge-sheet against the appellant was then sent up before the Special Court.
4. It was the case of the appellant that he had started the movement for 'Shehri Hakoomat' and the objects of this movement had been disclosed in the various pamphlets and posters. The, appellant admitted recoveries of these articles including the seals, envelopes and badges etc., from the office of the movement or 'tehrik' located in his house: He, however, denied that he intended thereby to incite the citizens of Karachi to secede from Pakistan or to disrupt the sovereignty or integrity of Pakistan. He explained that he had not advocated the curtailment of sovereignty of Pakistan over the Karachi Government- but he believed in preservation of Pakistan. He also filed his written statement wherein he traced his descent from Shah Alam II, the Moghul Emperor, and styled himself as his great grand-son. That he bad proposed an autonomous metro-government for Karachi on the pattern of such governments in New York. Tokyo, etc. and had never suggested use of unlawful means or force for achieving his object. That by 1974 his movement was 3 years old when he was arrested and sent up in Court. That the Government was making itself a laughing stock by interpreting demand for a metropolitan government as an attempt .to establish an independent state.
5. The appellant filed a long list of defence witnesses but ultimately examined 11 witnesses of whom 6 were the Editors or representatives of newspapers in which these articles had been published and of the remaining 4 witnesses were (i) Mr. Hatim Alvi (Former Mayor of Karachi (ii) Mr. Akhtar Hussain (former Governor of West Pakistan), (iii) Mr. Qadeeruddin Ahmad (former' Chief Justice of Sind & Baluchistan High Court) and Mr. M. B. Ahmad (retired Judge of the same High Court). They all stated that they had considered the movement of the appellant to be one for advocating a dignified Local Self-Government for Karachi but they had not minutely studied the various publications and pamphlets. That in their concept the metropolitan government was not independent of Federal or Provincial Government. In effect they have dissociated from the actual pattern of Karachi government as was described in detail in the various publications and pamphlets by the appellant.
6. Since the main evidence in this case consists of tae printed material in .the shape of pamphlets in English and Urdu Exhs. 4-D to 4-O and the exhibits recovered on search from the office of Karachi Metropolitan -Government located at the residence of the appellant, and since the publication of this material as well as the recoveries have not been disputed b,. the appellant, it would be proper at this stage to briefly describe the salient features of these publications and other printed materials; after having briefly analysed the main features, their implications, intentions and inferences could then be discussed.
7. Publication No. 10 (Exh. 4-D) is entitled "The Autonomous Karachi Metropolitan Government, its concept and advantages by Mirza Jawad Beg, Convenor. Karachi Muttahidda Mahaz". 'Karachi Mattabidda Mahaz' was afterwards changed by rubber stamp to ,"Tehrik Shehri Hakoomat." In this pamphlet the author, that is, the appellant has pointed out to the general public that in spite of Karachi having an important strategic position and its financial contribution of over rupees four thousand million every year from taxes to the Central and Provincial Exchequers, this city has been totally neglected by these governments and the citizens of Karachi were living in a miserable condition without any facilities. Reasons for these sufferings and social problems of the citizens of Karachi have been summarised in the following words :
"After a thorough study of the economic and social problems of the citizens of Karachi and their possible solutions it has been revealed that the basic causes of all the ills and sufferings of the citizens of the great city are denial of the right of self-determination: Indifference to the city's problems by the governments and undue control of the present governments over local monetary resources."
The author has expressed that the only solution to remedy the evil lies in establishing an autonomous government for Karachi. In the words of the author :
"It envisages the establishment of an autonomous metropolitan govern ment (Shehri Hakoomat) for the greater Karachi area on the basis of the right of self-determination and according to the basic pattern of the metropolitan big city governments in other parts of the world . . . . . The original concept is, however, derived from the big city governments in England, Rome and Greece which were in fact the first ancestors of modern democracy."
The author has then described the concept in the following words :-
"History has proved undisputedly that under the undue outside domination and control whether it be by an alien ruler, by a central government over the provinces or by a provincial government over metropolis (big city), the local problems get more and more entangled and complicated . . . . ."
The great Karachi Muttahidda Mahaz has, therefore, demanded the establishment of an Autonomous Metropolitan Government for greater Karachi area on the basis of two fundamental rights mentioned below without which it will not be possible to achieve our cherished goal 'of well-being for every citizen of Karachi'
(i) The right of self-determination: fundamental right of the citizens to govern themselves according to their own wishes and without any outside interference on the basic pattern of the metropolitan governments in other countries of the world.
(ii) Local resources.-The legal taxes have universally been accepted as income exclusive to the city or the metropolis without the central or the provincial governments having a share in it."
In the next pamphlet in English (Exh. 4-D), the structure and working of the automomous Karachi government has been given. It is stated: "The metro-government shall be autonomous in character and shall exercise full administrative powers of the provincial government in Karachi". After describing the various areas such as Karachi Municipal Corporation area, Korangi, Port Trust, Pakistan Railways and other areas under the Central P. W. D., K. D. A., or state lands etc. the author gives the extent of the powers :
"The metro-government shall exercise all the powers of provincial government in respect of the following offices, organizations and subordinate and attached departments etc., along with the administration of the region which shall be under the 'full administrative and .supervisory control of the metro-government'."
These departments are enumerated from A to Z and include Law and Order Magistracy, Police, Civil Defence, Irrigation, Health, Road Transport, Land Acquisition, Issuance of Domicile Certificate, Registration, Provincial Buildings Circle, Sind High Way Division, Co-operative Societies, Hospitals and all the attached and subordinate departments. It has then been stated that the metro-government shall have 'absolute' powers for appoint ment, transfer, punishment, dismissal etc., in respect of all government servants under its administrative control. The expenditure on the salaries and equities of these offices shall be borne out of the metro-government taxes. With regard to the Class I Government Servants taken on deputation also the powers shall remain with the metro-government. The metro government shall exercise administrative and supervisory control as agent of the Central Government over the central subjects also as well as the Joint Stock Companies, Autonomous Boards, Manors, Mauripur etc. The metro government would also include control through effective representation on the University of Karachi, Karachi Electric Supply Corporation, Pakistan Western Railways, Karachi Port Trust, Gas, Telephone, Auqaf, Evacuee Trust Board and shall have 35 per cent. on population basis of the Provincial Excise tax and allocation of the Central Income-tax, Customs Duty, Central Excise, Sales-tax, Petrol price equalisation amount and also 35 per cent. of the loans granted by the Central Government. The metro-government shall have the local parliament elected every five years which shall be the supreme body of the metro-government and shall withdraw or amend the laws relating to local taxes and administrative control of the departments. The Head of the Executive shall be the person elected by this parliament called the Governing Mayor of the Greater Karachi. He shall have a Deputy and a Counsel. The functions of the Chief Secretary of the Government shall be performed by the Metropolitan Commissioner. The Greater Karachi shall be divided into six districts each having separate municipality. Each such district municipality shall have enough income and resources to be able to recruit the required administrative, technical and professional staff. Under the District Municipality shall be 4 to 8 sub-municipalities called Boroughs.
8. The next pamphlet in English (Exh. 4-1), contains repetition of these matters with certain improvements and innovations. Then there is pamphlet in English (Exh. J.). Apart from these English documents there are also Urdu pamphlets. These pamphlets contain various slogans and couplets exhorting the citizens of Karachi to unite and achieve establishment of the government for Greater Karachi. In Exh. (K) it has been stated that for solving the problems of Karachi, 'Karachi Shehri Hakoomat' is the only solution and the demand of the Karachi United Front is that (i) the resources of Karachi City be spent on the development of the city and the well-being of its citizens and (it) that the administration of Karachi including the executive, the police and all the departments and powers which are exercised by a provincial government should be entrusted to the citizens of Karachi themselves. The reasons for these demands have been mentioned in the following words :
"So that the citzens of Karachi without any outside interference in exercise of the right of self-determination, may, with the help of their elected representatives, deal with their own problems at the city level."
The public has then been incited in the following words :
The next Urdu pamphlet starts with the slogon :
In this pamphlet there is a further improvement that the government of the great cities have full control on executive and financial departments and tie provincial legislative assembly and High Court remain common but the executive and finance remain completely separate. The demand has been expressed :
All this ends with the couplet :
9. Then there is Urdu pamphlet (M) which mentions that the democracy started with the Greek City States on the basis of 'Shebri Hakoomat' and at the beginning of the advent of Islam there were strong City States of Mecca and Madina. In this pamphlet also it has been emphasised that the city's financial resources should be spent on the city itself and Karachi's administrative set-up, the police and all the powers of provincial government be entrusted to the citizens of Karachi themselves so that they should govern themselves 'without any interference' in exercise of their 'right of self-determination' and they should be allowed to solve their own problems themselves. The solution has then been suggested that the citizens of Karachi should unite and this would facilitate their achievement of this ideal. There are some more pamphlets but the idea and concept in all these pamphlets is to have full autonomous government for Karachi and all the powers exercised by the provincial government and without any interference or control from the other governments, that is, the Provincial and the Central Government.
10. Apart from these publications which the appellant got printed and distributed the appellant held stout 300 corner meetings in private premises and established nucleus of this 'Shehri Hakoomat' Secretariat at his own residence. Apart from these publications, on search of his office, police recovered bundles of the pamphlets, badges which bore the inscriptions, "The only solution for all the problems of Karachi 'Shehri Hakoomat'." Last but not the least the police recovered bundles of paper badges bearing the flag of Karachi on the pattern of the flag of Singapore with a white crescent, six stars on blue background. The police also found envelopes with the map of Greater Karachi which included the area of the present Karachi District also.
11. The salient features of this concept which has been propagated could be summarised thus :
(i) The Karachi Government would be established on the pattern of Greek City States and the State of Rome or the City States of Mecca and Madina ;
(ii) That the Government of Karachi should be established on the basis of the right of self-determination without any outside interference of Central or Provincial Governments ;
(iii) The Metropolitan Government of Karachi should have all the powers of a Provincial Government though the Legislature and the High Court could remain common ;
(iv) The State of Karachi would include not only the City of Karachi but also the country round about Karachi comprising of the Karachi district ;
(v) The author had even contemplated the pattern of the flag for this State of Karachi ;
(vi) The author organized a United Front and incited people to make a united demand and achieve this goal as early as possible.
Each of these ideas can now be cursorily examined to judge the real intention of the author behind this scheme.
12. The author had in his zeal to have a separate government for Karachi, advocated the formation of this State of Karachi on the basis of City States of Greece and Rome. He has in fact taken precautions to convey the real intention' in his mind in this indirect manner, without openly infringing the law, by camouflaging the real plan. The historical development of the state, or the evolution of the modern state, had its beginning in what is known as the tribal state. These tribal states were small in size and were governed by Chiefs, for the preservation of the internal order and the waging of aggressive or defensive war. The next step in state building was the emergence of the Oriental Empires of Japan, Babylon, Assyria, India and China. These empires were made up of loose units and there was only central supervision and obligation to furnish soldiers and to pay tribute. Thereafter as civilization spread to the region around the Aegeon and Mediterranean, City States of Greece emerged in Crete, Troy, Mycenae, Tyre and other maritime centres in Greece between the 4th and 5th Centuries B. C. These States which had developed in the valleys between mountains and on the islands on the High Seas, gave a new emphasis and a distinctive form to city life. Thus, started the city states on the basis of organised democracy in contrast to the tribal life or the despotic rule of the oriental empire. Power passed from the Tribal Chiefs and Kings of Homeric period into the bands of Oligarchy and Aristocratic nobles who controlled the councils and Magistracies of the city. In this process independent city states came into being with their democratic constitution. The neighbouring cities were viewed as enemies and this jealously prevented formation of a national Greek State. These Greek City States were sovereign and independent and they bad organized self government in each State. The conquest of Alexander The Great about the middle of the 4th Century B. C. destroyed the independence of the Greek States and extended the control of Macedon over a large part of the Eastern Empires and again restored the oriental empire type despotism. Thus the appellant has tried to go back to the 5th Century B. C. in order to preach and propagate his conception of an independent and sovereign City State for Karachi, like Plato and his successor Aristotle.
13. Rome too began as a City State to become the Imperial City of a World Empire. Some City States had grown in Italy on the pattern of Greece and one of these states, which was most important was formed by the union of several tribes occupying the group of hills in the fertile plane of Tiber. This city became predominant on account of central position and location and organized legions of warriors and the surrounding countries were conquered with a view to create a world empire. Thus by and by, Gaul, Spain and Cicily and even Africa came under the Roman Empire. Possibly the appellant had under contemplation, the ideal of an empire to be ruled from Karachi, on the pattern of the Roman Empire, or may be that as a true descendant of the Great Moghals, the appellant had the latent desire to revive the Moghal Empire and capturs the Crown in the good old tradition, with the Imperial Capital at Karachi instead of Delhi, and assume the title of Shah Alam III.
14. The appellant has then made a reference to the City States of Mecca and Madina. Mecca was a barren and hilly tract ruled by the tribes of Quraysh before the advent of Islam. Since the tribal Chiefs were opposed to ideas of Islam and they started persecution of the Muslims the Muslims had to proceed on 'Hijrat' to the City of Madina which was under the control of the tribes Aws and Khazraj ; there was also influence of Jews. These tribes were united and the Prophet of Islam (Peace be upon him) organized them and gave them the `Constitution of Madina' called the Charter. All the communities who signed the Charter formed one nation; they were to combine their forces against common enemies and they were not supposed to have any secret treaties with Qurayshites. It was thus the first written constitution in the shape of a Charter, which had the origin in the first organized state of Madina.
15. Thus the pattern of Governments placed before the public were of the independent sovereign states which were formed at a stage in the history when any national state had not emerged and the concept had hardly developed beyond loyalty to the tribe. It is not understood why the author went back thousands of years when he could have given the examples of the soveriegn mini states of the modern world. For instance, the Vatican City State comprising of 108'7 Acres with a population of 700 is an independent and sovereign state. The state of Monaco with an area of 453 Acres and a population of 30,000 is another example of a mini state. Then there is the State of San Marino with an area of 23'5 Acres and a population of 20,000. The independent state of Singapore consists of small islands, 40 in number, with a port which is the 4th largest port in the world having strategic position in South East Asia. On June 3, 1959 Singapore became independent under a new Constitution with full international self-Government though it continues to remain a member of the Commonwealth and U. K. Government is responsible for the defence and external affairs. It is, however, a fully self Governing and soveriegn state with a Cabinet of 9 Ministers presided over by a Prime Minister and a fully elected Legislative Assembly.
16. Perhaps what the author had in mind was actually this State of Singapore because the author selected the flag for the City State of Karachi on the pattern of the flag of Singapore. The flag of Singapore has one red and a while strip as the field or ground and it bears a device of white crescent with five small stars arranged in the shape of a pentagon. The flag of Karachi has blue ground with a device of white crescent and six white stars also…
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