Sedition Trials, A History

Registration of cases for sedition in Pakistan is neither new nor unique. Many political leaders have faced cases on charges of sedition and now Tehreek-e-Insaf leader Shehbaz Gul’s name has also been added to the list.

A case of sedition has been registered against Shahbaz Gul for inciting people against a state institution and he is arrested on the same charge. A case similar to the one filed against Shahbaz Gul was filed almost 19 years ago against PML-N leader Javed Hashmi in October 2003.

In this case, Javed Hashmi was sentenced to 23 years in prison, but he was released on the order of the Supreme Court.

Apart from him, many prominent political figures faced trial on the charge of sedition against them, but for one reason or another, they were acquitted of the charge. These cases were instituted during the democratic and military regime.

Some time after the establishment of Pakistan, cases started to be registered on charges of sedition. The first case was registered in March 1951 known as the ‘Pindi Conspiracy Case’. In this case, it was alleged that a conspiracy was hatched to overthrow the government of Nawabzada Liaquat Ali Khan, the first Prime Minister of the country. Major General Akbar Khan, poet Faiz Ahmed Faiz, left wing leader Sajjad Zaheer and Major Ishaq among others were named in the case. This case continued even three years after the murder of Liaquat Ali Khan.

During the tenure of former President General Ayub Khan, a conspiracy to secede East Pakistan was revealed and sedition cases were registered against Sheikh Mujibur Rahman and others. The case came to be known as the ‘Agartala Conspiracy Case’ but later Sheikh Mujib was acquitted of the case.

During the reign of former Prime Minister Zulfiqar Ali Bhutto, the opposition leader Khan Wali Khan’s political party National Awami Party was banned and the Supreme Court also confirmed this decision. The trial against Wali Khan along with other leaders of his Jamaat, Mirghus Bakhsh Bizenjo, Sardar Attaullah Mengal, Nawab Khair Bakhsh Murri and former Governor Arbab Sikandar Khan among others started in Hyderabad Jail and hence it was called the ‘Hyderabad Conspiracy Case’. Got the name. After General Zia-ul-Haq came to power, the tribunal was dissolved and those facing the trial were pardoned.

During the reign of former military president Pervez Musharraf, acting president of Muslim League-N, Javed Hashmi, held a press conference based on the letter regarding the army, and a case was registered against him on the charge of inciting rebellion, in which he was 23 He was sentenced to a year and was later released by the Supreme Court.

After this case, the process of registration of cases on the charge of sedition stopped, but a case was registered against Nawaz Sharif on the charge of sedition and provocative speech based on a speech by MQM leader Altaf Hussain during the third term of the government. Altaf Hussain was convicted in the same case.

However, the court sentence of Altaf Hussain being abroad could not be implemented. The court also banned the publication and broadcast of Altaf Hussain’s name and his picture.

Apart from Javed Hashmi, PML-N Federal Minister Mian Javed Latif also faced trial in Lahore for making anti-state statements and was also arrested after being denied bail. After his arrest, the District Court of Lahore granted bail and ordered his release.

Ali Wazir, the leader of the Pashtun Protection Movement, has also been blamed for the coup. In 2020, a case was registered in Karachi for one of his speeches as provocative and he was granted bail in this case in the same year.

Former Prime Minister of Pakistan-administered Kashmir, Raja Farooq Haider, was also booked for sedition for his controversial statement. Former Prime Minister Nawaz Sharif was also nominated in this case. However, this case was withdrawn.

Apart from the registration of sedition cases, action was also taken against military officers on charges of overthrowing the government of Zulfiqar Ali Bhutto, General Ziaul Haq and Benazir Bhutto.

However, former military president General Pervez Musharraf is the only general of the country who was prosecuted and sentenced under Article 6 of the constitution for violating the constitution. Neither sentence could be carried out due to their being abroad and an appeal against the sentence is pending.