Secretary
General Pakistan Awami Tehreek (PAT) Khuram Nawaz Gandapur has filed a petition
in the Lahore High Court for registration of High Treason case against Nawaz Sharif.
In a petition filed through Advocate Ishtiaq Chaudhry, it is prayed with the court
to order for registration of a case against Nawaz Sharif under Article 6 of the
Constitution for his interview against interest of the state.
According to the filed petition that “The instant writ petition is being filed
in pro bono publico in the welfare and interest of the general public at large,
particularly in the interest of the state of Pakistan in the backdrop of highly
condemnable remarks by the Respondent No.3 (Nawaz Sharif) furnished in the daily
Dawn News of 12th May, 2018 (Annex-A) whereby the Respondent No.3 has categorically
stated though falsely that Pakistan houses militant organizations and non-state
actors who were allowed to cross the border and kill 150 people in Mumbai, the same
is reproduced: “Militant Organizations are active. Call them non-state actors. Should
we allow them to cross the border and kill 150 people in Mumbai? Explain it to me
why cannot we complete the trial?”
The aforesaid statement has damaged the image of the country and India is crying
for seeking sanctions against our state. The irresponsible statement of the Respondent
No.3 has benefited the neighboring India and has appeared prejudicial to the safety
and the interests of state, and apparently the Respondent No.3- the proposed accused
is guilty of high treason as well as offences punishable in terms of Section 3©
as well as Section 5 of the Official Secret Act, 1923 for which the said Respondent
deserves to be proceeded against in accordance with law. (Copies of relevant Articles
of constitution & law annexed as annexure-“B”).
It is on record, if observed in the light of famous book written about the Mumbai
attacks on 26/11 2008, titled, “The Betrayal of India” by Elias Davidsson”, that
it is India herself that staged this attack with an objective to tell US and the
international community that India was victim of terrorism by the Pakistani state.
Davidson claims that the attack was a big eyewash to bamboozle the state narrative
and cheat the Indian and the international audience, just to blame Pakistan. The
author blames Indian Establishment and their US partners and writes, “It is highly
plausible that major institutional actors in India, the United States and possibly
Israel, were complicit in conceiving, planning, directing and executing the attacks
of 26/11; evidence of a deceptive investigation is even stronger.” A review of the
Betrayal of India annexed as annexure-“C”
The petitioner brought into the notice of the Respondent No.1, the aforesaid
conspiracy, and ill will statement of the Respondent No.3 maligning the state of
Pakistan through letter via TCS, to proceed in accordance with law in terms of Article
6 as well as section 3 and 5 of the Official Secret Act, 1923, but there is no likelihood
of the Respondent No. 3 being proceeded so, as the Respondent No. 3 himself controls
the Government while remaining outside it. The Article 5 of the Constitution demands
loyalty to the state, and the Article 6 putting emphasis on the loyalty demands
that a person who is not loyal to the state and subverts, abrogates, or holds in
abeyance the constitution framed by state is guilty of high treason. The constitution
and the state are not separated, but one whole, both constitution and state make
one organic whole, one cannot exist without the other.
The abrogation, subversion, or holding of the constitution in abeyance means
the abrogation, subversion and holds of the state of Pakistan in abeyance and vice
versa. The Preamble of the Constitution postulates that “the state shall exercise
its powers and authority through the chosen representatives of people; wherein the
principles of democracy, freedom, equality, tolerance, and social justice, as enunciated
by Islam shall be fully observed.” It has also been observed with sad heart that
the former head of the Federal Government, ex-prime minister Mian Nawaz Sharif,
the Respondent No. 3, has given highly irresponsible statement, the repercussions
of which are highly dangerous in the times to come if the menace of hate language
against the state was not stopped in the interest of the state of Pakistan.
The petitioner has no other adequate efficacious, and speedy remedy available
except to invoke extra ordinary jurisdiction of this honorable Court. In view of
above, it is most humbly prayed that the writ petition may kindly be allowed, and
the direction be issued to the Respondents No.1 and 2 to proceed in terms High Treason
provided under Article 6 of the Constitution as well as Section 2 and 3 of the Official
Secret Act, 1923 against the Respondent No. 3 who has maligned the state of Pakistan
by holding the state in uncertainty. Any other relief deemed fit/just in the circumstances
of the case, may also kindly be granted to the petitioner for the sake of justice.
