LAHORE, June 12: Former prime minister Mian Nawaz Sharif has been charged with high treason in a complaint lodged with police by the Punjab Home Secretary, Hafeez Akhtar Randhawa. Also cited as the opposition leader's co-accused are the former federal interior secretary, Senator Chaudhry Shujaat Hussain and former provincial governor Mian Muhammad Azhar. The complaint has been filed in the Qila Gujjar Singh police station, Lahore, under Section 2 of the High Treason (Punishment) Act 1973, enacted pursuant to Article 6 of the Constitution which prescribes death as the only punishment for the offence.
The complaint was produced on Monday before a five-member full bench of the Lahore High Court as it took up the bail petitions of the treason case accused. Other co-accused are: MNA Yasin Khan Wattoo; former federal law minister Chaudhry Abdul Ghafoor; Punjab PML, Vice President Azam Cheema and Information Secretary Binyamin Rizvi, MPAs Chaudhry Muhammad Riaz, Raja Javed Ikhlas, Sheikh Ijaz Ahmed, Mian Imran Masood, Chaudhry Akhtar Rasool and Raja Basharat; former MPAs Sohail Zia Butt, Chaudhry Wajahat Hussain and Chaudhry Shaukat Ali; and former PA Secretary Chaudhry Habibullah.
The facts of the treason case as ascertained and brought out in investigation are stated in the complaint as follows:
"After a "No-confidence motion" was overwhelmingly carried against Mr Ghulam Haider Wyne, the Provincial Assembly, with a large mandate, elected Mian Manzoor Ahmad Wattoo as Chief Minister, Punjab, on 25.4.1993.
"Mian Muhammad Nawaz Sharif and his cabinet resumed the Federal Government pursuant to decision of the Supreme Court on 26.5.93. Mian Muhammad Nawaz Sharif soon thereafter, in conspiracy with others, sought to pull down the lawfully elected Punjab government which assumed office pursuant to the ouster of his nominee, Mr Ghulam Haider Wyne. All unconstitutional, illegal and underhand methods, including horse-trading, were employed for the purpose.
"In order to deprive people of their right of electing a fresh Assembly to have their elected representative to regulate the affairs of the province, Mian Mohammad Nawaz Sharif and the other accused conspired to forestall the likely dissolution of the Provincial Assembly.
"As a sequel to such designs, Chaudhry Habibullah, the then Secretary, Punjab Assembly was taken away from Services International Hotel by Chaudhry Wajahat Hussain and some other members of the Punjab Assembly at 8.45 pm on 29.5.93. The surreptitious manner of his being taken away was reported by Tariq Masood, Staff Officer of the provincial assembly, at police station, Race Court Road, Lahore. On this report case, FIR No 118 dated 9.5.93 under section 365-A, 109, 14. 148 and 149 PPC was registered at Police Station, Race Course Road, Lahore.
"The investigating police in the said case tried to locate Chaudhry Habibullah, but to no avail. Proclamation in the national Press were issued and the Provincial government offered a large reward for the recovery of Chaudhry Habibullah.
"Even the honourable High Court during the hearing of a constitutional petition required his presence and the media carried orders of the court requiring him to contact the nearest Sessions Judge or Registrar of the High Court, who were directed to ensure his safe appearance. However, Chaudhry Habibullah deliberately defied appearance and did not surface.
"As things later crystalised, Chaudhry Habibullah in conspiracy with others had forged and fabricated a No-confidence motion purportedly moved against the then Punjab Chief Minister. The said document was fraudulently shown to have been received by Chaudhry Habibullah, who was then secretary of the provincial assembly, at 12 noon on 29.5.93. Photostat copy of the bogus document containing such an endorsement of Chaudhry Habibullah was utilised to attempt defeating the dissolution of the provincial assembly and thereby deprive the people of their right to elect the Members of the provincial assembly. A national crisis was thus
occasioned in consequence and the constitutional functioning of the Government was completely paralysed.
"Mian Mohammad Nawaz Sharif having failed to usurp power in the Province of Punjab through such unconstitutional methods, went berserk. Employing the so-called proclamation in terms of Article 234 of the Constitution, he appointed Mian Muhammad Azhar as the administrator of Punjab on 29.6.93. The federal government also unlawfully appointed some key officers in the province to replace those lawfully holding these offices to facilitate the usurpation. Chaudhry Shujaat Hussain, who was the interior minister, directed the rangers to move in and facilitate the takeover of the provincial administration. Neither the proclamation was sent to the President of Pakistan nor was the appointment of administrator suggested to him much less have his approval. In fact, the concept of an administrator of a province is wholly alien to the Constitution which only postulates the appointment of governor and that too by the President of Pakistan.
"The then provincial government having verified that such a proclamation had not been made by the President of Pakistan fulfilled its Constitutional obligations and the provincial set up was preserved through the conscientious commitment to the country of responsible and patriotic officers/agencies.
"The illegal, unconstitutional and subversive activities of Mian Muhammad Nawaz Sharif and his associates caused a national furore resulting in dissolution of the National as well as all the four provincial assemblies of the country. A caretaker government was installed and the result of the ensuing elections held on 6/9 October 1993, the transparency of which was internationally acclaimed, proved that Mian Muhammad Nawaz Sharif and his associates had lost the confidence of the people and their desperate attempts to perpetuate themselves in power through unconstitutional means had become conspicuously and evidently understandable.
"The heinous crimes, inter alia, of subversion of the Constitution were condemned by all and sunday and the Special Assistant to the chief minister upon consideration of all the factors recommended legal action pursuant whereto FIR No. 496/94 under section 124-A, 120-B, 161, 166, 172, 173, 174, 465, 468, 469 and 471 PPC, and article 6 of the Constitution read with Section 2 of the High-Treason (Punishment) Act 1973 was got registered by Nasir Masood, Assistant Security Officer, Punjab assembly against Chaudhry Habibullah and others on 11.8.94 at police station, Qilla Gujar Singh, Lahore.
"Chaudhry Habibullah was arrested in the case on 11.8.94. During the course of investigation on 13.8.94, he recovered the original document purporting to be the no-confidence motion.
"The first and last pages of the document clearly differ from intervening nine pages in size, quality, colour and shape.
"Mr Azam Cheema, Chaudhry Abdul Ghafoor, Mian Yasin Khan Watto, Akhtar Abbas Bharwana, Chaudhry Muhammad Riaz, Syed Binyamm Rizvi, Raja Javed Ikhlas, Mian Imran Masood, Chaudhry Akhtar Rasool, Shaikh Ejaz Ahmad and Suhail Zia Butt, accused, were also arrested, Chaudhry Shaukat Ali and Chaudhary Wajahat Hussain could not be arrested and were declared proclaimed offenders. The arrest of Mian Muhammad Nawaz Sharif and Chaudhry Shujaat Hussain is still to be made, Chaudhary Habibullah, Syed Binyamin and Suhail Zia Butt are in judicial lock up while the other accused mentioned above are on interim bail.
"Evidence forthcoming reveals that pursuant to conspiracy, Chaudhary Wajahat and Chaudhary Riaz brought Chaudhary Habibullah around 8.45 pm on 29.5.93 from Hotel Services International to his house where the late Ghulam Haider Wyne, Chaudhry Ghafoor, Raja Javed, Mian Imran, Akhtar Rasool, Ejaz Ahmad, Raja Basharat, Sohail Zia Butt, Binyamin and Shaukat Ali, the MPAs procured his signatures in affirmation of the receipt of a no confidence motion, whereon the time of its receipt was given as 8 pm. Chaudhary Habibullah was thereafter taken to the house of Mian Nawaz Sharif where the former called Mian Yasin Wattoo and procured the replacement of the first and last pages of the so-called no-confidence motion so as to reflect its receipt by Chaudhary Habibullah at 12 noon.
On the direction of Mian Nawaz Sharif, Chaudhary Habibullah was initially taken to the house of Chaudhary Shujaat in Gulberg, Lahore, and later to Islamabad.
"Since the then Federal Government was headed by Mian Nawaz Sharif, Chaudhary Habibullah remained in their luxurious hospitality and was even produced before the Assistant Commissioner, Islamabad, on 13.6.93 where he attempted to defuse the criminal case registered at the instance of Tariq Masood, PA Staff Officer, against Chaudhary Wajahat Hussain etc. However, this statement was never produced before the full bench hearing the Writ Petition of Chaudhary Pervaiz Ilahi. Although Chaudhary Habibullah did not appear when he was summoned through the Press and electronic media before the Hon'ble High Court when required, however, without being summoned in the quashment petition of Chaudhary Wajahat, he appeared on 26.7.93 telling a tell-tale story of having freely moved out of Lahore on the night of 29.5.93 and having remained in Islamabad thereafter. He also deserted his job as Secretary of the Punjab Assembly and when arrested, was serving in the office of Muslim League at Lahore. "All the accused conspired to subvert the Constitution by use of unconstitutional means and they are guilty of high treason punishable under Section 2 of the High-treason (Punishment) Act of 1973 besides having committed offences under section 120-B, 465, 466, 468, 469, 471, 161, 166, 172, 173 and 174 PPC and they be punished accordingly."
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