P L D 1976 Karachi 938 (PLP)

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 arranged as pentagon, with this difference that the sixth star has been put at the centre of the pentagon. The two flags kept in juxtaposition are reproduced below to show that one is a replica of the other:

17. Flag is a symbol of power and all the nations have adopted these emblems as it has become the practice to associate these flags with the struggle of the people for the cause of liberty. These flags have great emotional value and they are frequently used by demagogues or totalitarian regimes to introduce a desired state of mind in the large number of people, and they may be said to fulfil a psychological function.

18. Singapore has an area of 226 Acres and a population of 22 Lacs. There are number of such mini states like Bahrain, Comoros, Luxembourg etc. Some of these states are even members of U. N. O. My purpose in mentioning these mini states is to show that the idea of creation of an independent and soveriegn state for Karachi cannot be considered as fantastic and the possibility of the author having such a state in mind cannot be overruled.

19. The intention of the appellant could also be judged from the fact that he had in mind the creation of a State of `Greater Karachi' which was not confined to the big city or metropolis but covered the entire district of Karachi containing many villages and barren lands. The area of Karachi City is 230 sq. miles as compared to the area of Karachi District comprising of 1,356 sq. miles. The map of the proposed state printed on the envelopes of 'Karachi Shehri Hakoomat' would show that the author had in mind the formation of a separate state of Karachi District.

20. The appellant has advocated that the Government of Karachi should have all the powers of the Provincial Government and should have the entire control over its officers with a Supreme Parliament and should have the right to collect and levy taxes and the Government of Karachi should even have control over the Harbour, Mauripur and Cantonments on behalf of the Central Government. It is significant to note that the appellant has all the time tried to incite the public that the poor state of affairs in Karachi is due to the domination by the "alien Governments" who are not taking enough interest and who are taking away the income and the resources developed in Karachi and not giving proper share for the city itself. The appellant has also advocated that Karachites should have the right of self-determination. These ideas reveal the inner working of the mind of the appellant to have an independent State of Karachi without any interference from the Central or the Provincial Governments. It is true that the appellant has at various places mentioned that Karachi would remain within the State of Pakistan and he had no intention for secession of Karachi; but this is what was being claimed by sponsors of Pakhtoonistan Movement to have a separate home land for Pakhtoons or the organisers of Bangla Dash Movement, to have an autonomous Bengla Dash, within Pakistan.

21. Mr. Khalid M. Ishaque has argued on behalf of the appellant, that what the appellant had in mind was a dignified local self-Government for, Karachi. That the appellant had borrowed these ideas from the Local Governments of London, New York, Toranto and Tokyo. Such powers as have been advocated by the appellant for the Government of Karachi are, however, not enjoyed even by the local Governments mentioned by Mr. Khalid M. Ishaque. "The Local Government in Britain" published by Central Office of Information of Her Majesty's Government in the U. K. it has been shown that the Central Government of the United Kingdom in fact administers the Local Government of London. All the Acts governing the administration of local authorities are passed by the English Parliament. Interpretation on these laws are put by the Courts of the U. K. with regard to the intentions of the Legislature. The departments of the Government of the U. K. have been given the duty to supervise the exercise of functions by the Local Government of London and the ministers who supervise these functions are responsible for the efficient functioning of services to the Parliament of United Kingdom. This control is exercised by the special Ministry of Housing and Local Government, by the Ministry of Education. Ministry of Health, Home Office, the Ministry of Transport and Civil Aviation. All these ministries are directly concerned with the administration of the respective functions by the Local Government. The Central Govern ment in these ministeries makes payment of Government grants, issues rules and orders, audits accounts, issues circulars, examines statistics furnished by local authorities, approves bye-laws, consents to borrowing applications, alteration of boundaries, complaints of administration and also they have the task of inspection of the metropolitan police force, police establishment, fire services etc., to ascertain that the standard of efficiency is being maintained. The consent of the Ministries is required for the dismissal of the Chief Officers of the Local Government of London. Thus the local authorities in London are responsible to the Government for discharge of their functions and the Government is left with the actual control to secure the objectives of Government policy and has control over the finances also. What the appellant desired was total control including the appointment and dismissal of the Government officials working in Karachi without any outside interference from the Central or the Provincial Government.

22. Mr. Khalid M. Ishaque has then made a special reference to the Tokyo Metropolis which, according to him, is having restricted self-Govern ment with a metropolitan assembly and executive organs. It may, however, be mentioned that in the brochure entitled "Admistrative Perspective of Tokyo' March 1973 Edition, it is mentioned on pages 39-40 that in pre-war days the Local Government of Tokyo was not autonomous and was governed practically by the Central Government. But with the post-war Local Reforms, Home Rule was greatly expanded. However, the next paragraph shows complete control and supervision of Tokyo Metropolitan Government by the Central Government of Japan. This paragraph reads as under: "With regard to the Tokyo Metropolitan Government, the Central Government may participate in its business in the manner of observing financial affairs, inspecting and auditing the management of business, permitting the bond issue, conferring together about the creation of a bureau, demanding notifications, reports and data on specific matters and giving suggestions or advice. When the Prime Minister considers that the administrative operation of the Tokyo Metropolitan Govern ment is illegal, inadequate or injurious to the public good, or that the Governor is neglecting his duties in supervising and executing adminis trative affairs, he may demand the Governor to correct the illegality or take necessary measures for improvement. The Central Govern ment exercises special supervision over the affairs it has entrusted to the Governor. In case the affairs are conducted contrary to law or the competent Minister's disposition is neglected, the Central Government may give an order, through the Court, to the Governor to perform his duties or, when the Governor fails to follow the order, may conduct the affairs in his place or dismiss him. Such an invocation of judicial power is admitted from the view-point of the general consolidation of State affairs and its harmony with the respect for autonomy." It is thus clear that even the Tokyo Metropolitan Government has maintained powers of supervision and control in respect of the affairs entrusted to the Governor of Tokyo and the Central Government can take over the functions of the Governor and dismiss him at any time. Since according to Mr. Khalid M. Ishaque the Metropolitan Government of Tokyo had the greatest share of local self-Government it would not be necessary to examine in detail the actual working of the local Governments of New York and Toranto. All these local Governments are under direct control and supervision of the Central Government and the Ministries. Mr. Khalid M. Ishaque has then ultimately admitted that at the most what the appellant desired was a separate Provincial Government for Karachi. He has, however, argued that even then he had no4 advocated secession of the state of Karachi from Pakistan and he had no intention that the sovereignty of Pakistan over the State of Karachi should be distrupted or excluded altogether. The learned counsel for the appellant has first referred to Province of East Pakistan and others v. Tofazzal Hussain (PLD1965 S C 520), and argued that though there is always a tendency to hyperbole in public speeches and writings and the demands have in this case been exaggerated by the appellant so that the local self-Government of Karachi should be powerful. Mr. Khalid M. Ishaque has then contended that the plea for establishing a separate province does not, therefore, amount to secession since province or state would not be sovereign and the sovereignty will remain with the Federal Government of Pakistan. That a province can always be abolished and the boundries of a province can be diminished or extended. In this connection it may be mentioned that the appellant has in his pamphlets advocated complete independence for the state of Karachi on the basis of the right of self-determination and has definitely stated that there should be no interference or intervention of any outsiders or other Governments, that is, Central or Provincial Governments.

24. Right of self-determination has not been defined anywhere. The dic tionary meaning as given in Webster's Dictionary is the 'right of the people to decide their political future by a plebiscite', that is, the determination of the form of state by itself without external compulsion. The Oxford Dictionary meaning is also similar, that is, the determination by itself of one's mind or will. People who remain within any state cannot demand the right of self determination unless they want to secede from the parent state. In the well known National Awami Party case (PLD 1976 S C 57), in the written-statement, the N. A. P. denied that it had been operating in any manner which could be termed to be prejudicial to the soverignty and integrity of Pakistan. That the N. A. P. plea was that there was one nation in this country, that is, Pakistani Nation, and this Pakistani Nation was composed of nationalists who had their own distinguished language and culture, and that the allegations taken, at their face value, do not amount to committing in any manner any act prejudicial to the sovereignty and integrity of Pakistan. The N. A. P's own case was given in the following words : "The N. A. P. believe that there is one Nation in this country and that is Pakistani Nation and, that this Pakistani Nation is composed of nationalities who have their own distinct language and culture. There is no contradiction in the two, but these nationalities are like flowers who with their distinct colour and fragrance blend into a bouquet manifesting their unity in diversity." Supreme Court, however, came to the conclusion that the N. A. P. and its leaders were not reconciled to Pakistan's existence, integrity and sovereignty and they have consistently been attempting to create doubt about people's belief in ideology of Pakistan with a view to destroying the very concept which forms the basis of creation of this country; that they have always been preaching the doctrine of four/five nationalities/nations to prepare a ground for the ultimate secession of North-West Frontier Province and Baluchistan, on the protext of demanding the right of self determination for the different nationalities/nations inhabiting those provinces . . . . . . . . . ". In the famous N. A. P. case, the learned Attorney-General had maintained "that the preaching of the concept of separate nationalities within the state is nothing but sowing of the seed of secession, as we have had the misfortune of experiencing from the course of events that took place in East Pakistan in the recent past. To talk of the right of self-determination for each nationality is to seek to develop it politically, in the words of Garner, into a 'nation' and this can only be done by the disintegration of the existing state". With regard to this contention, it was observed by the Supreme Court "This contention of the learned Attorney-General is not without force, particularly if we keep in mind that the raison d'etre for the creation of Pakistan was that the Muslims of this subcontinent were a separate nation and they desired to have a separate homeland of their own, where they could live and prosper according to their own Code of life as laid down in the Holy Qur'an and Sunnah. To say, therefore, that Pakistan does not consist of one 'nation' but several 'nationalities', each having ethnic, cultural, social and political differences, is to deny the very basis of Pakistan, and if alongwith this is also demanded the right of self-determination for each nationality then it is a demand for the breaking-up of Pakistan, destroying its integrity and setting up of several independent States within Pakistan itself."

25. The idea of demanding separate Province on the basis of nationality was deprecated by the Quaid-e-Azam in the following words: "If we begin to think of ourselves as Punjabis, Sindhis, etc,, first and Muslims and Pakistani incidentally, then Pakistan is bound to disinte grate. Do not think that this is some abstruse proposition : our enemies are fully alive to its possibilities which I must warn you that they are already busy exploiting." Again speaking to the students of the Islamia College, Peshawar, on 12th April 1948 the Quaid said:- Of late, the attack on your province has taken a subtle form. Our enemies, among whom I regret to say, there are still some Muslims, have set about actively encouraging provincialism in the hope of weakening Pakistan and thereby facilitating the reabsorption of this province into the Indian dominion, . . . . . . .Having failed to prevent the establishment of Pakistan, thwarted and frustrated by their failure, the enemies of Pakistan have now turned their attention to disrupt the State by creating a split amongst the Muslims of Pakistan. These attempts have taken the shape principally of encouraging pro vincialism."

26. Thus by inciting the public of Karachi for a right of self-determina tion to decide its future and to create a separate province of Karachi with separate Government without any alien or outside interference, the appellant in effect was preparing the ground which would have ultimately resulted in a the secession of this City State from Pakistan like Singapore or Bahrain. The demand for the right of self-determination was really a camouflage for the real demand for an independent state for the people who have settled in Karachi.

27. The late Shaikh Mujibur Rahman had also initially demanded his six points in February 1966. The six-point movement, in the words of Rounaq Jahan in her work "Pakistan: Failure in National Integration," page 167, marked a significant radicalization of Bengali politics and played a crucial role in shaping later political movement. The author has further observed: "The Six-Point demand was a remarkable document. Unlike previous Bengali demands, it did not call upon the Central Government to do more for East Pakistan, but asked the Central Government to let East Pakistan do more for itself. The first point called for the establishment of federation 'on the basis of the Lahore Resolution and, a parliamentary form of Government, with supermacy of Legislature to be directly elected on the basis of adult franchise'. The second point demanded that the Federal Government deal with only two subjects-defence and foreign affairs and that all other subjects 'rest in the Federating States'. The third point suggested that there be ' either two separate but freely convertible currencies for the two wings or one currency for the whole country, provided that effective constitu tional provisions were made to stop the flight of capital from East to West Pakistan. There should be a separate banking reserve and a separate fiscal and monetary policy for East Pakistan. Point four denied the center the right of taxation, which was to be vested in the hands of the Federating States with the center receiving a fixed share. The fifth point made these recommendations for foreign trade: there shall be two separate accounts for the foreign exchange earnings of the two wings; the earnings of East Pakistan shall be under the control of the East Pakistan Government, and those of West Pakistan under the control of the West Pakistan Government ; the foreign exchange requirements of the Federal Government shall be met by the two wings either equally or in a ratio to be fixed ; indigenous products shall move free of duty between the two wings; the constitution shall empower the unit Governments to establish trade and commercial relations with, set up trade missions in, and enter into agreements with, foreign countries. And the sixth point demanded the setting up of a militia or a paramilitary force for East Pakistan."

28. Thus the movement which launched the six points demand, ultimately led to 14 points demand and distruption of Pakistan. The students, workers and the mob launched a violent programme involving raids on police stations, looting of arms and general disturbances, preparing a ground for foreign invasion and secession of East Pakistan as the new state of Bengla Desh. Therefore, the intentions have to be judged by considering the entire movement as a whole and its repurcussions on the then prevailing political situation in Pakistan.

29. Mr. Khalid M. Ishaque has argued that the appellant has at several places in these pamphlets mentioned that Karachi would still remain a part of the Province or a part of Pakistan and, therefore, there was no intention to secede. But these words have been used simply as a camouflage to cover the real intention of the author of this movement. These pamphelts have been very carefully and cleverly worded to conceal the real object so that the author should be safe from the clutches of the law. It is true that he did not advocate any violence or revolutionary methods for effecting this change but the procedure and the method of agitation adopted by the author would show that he wanted popular support rather than sympathy of the Govern ment circles for any amendment of the constitution. The real purpose behind this move was quite different. In this connection I would also quote the observations in State v. Abdul Ghaffar Khan (P L D 1957 Lah. 142) : "The rule is that when considering a speech to determine if it offends against section 124-A or allied sections, the speech has to be read as a whole so that the intention of the speaker may become clear and only s portions of the speech may not be used against him and he should not a be held to be innocent simply because some parts of the speech are not open to objection. In addition all the surrounding circumstances such as the time and place when and where the speech was made, and the audience to which it was addressed have to be kept in view. T have considered all the three speeches in that light and it appears to me that there is no escape from the conclusion that they advocated abolition of the sovereignty` of Pakistan on a part of its territory. Each of the three speeches is a mixture of what is an offence with what is not an offence the advocating of the abolition of the sovereignty of Pakistan over the tracts which are inhabited by the Pathans with the reasons why these tracts should not have been merged with other provinces to form the Province of West Pakistan, but the intention of the accused clearly was to impress on his Pathan listeners that their remaining within Pakistan was to their detriment."

30. We would accordingly emphasise the rule that these documents have to be read as a whole and even if there are certain portions mentioning the Government of Karachi to remain within the province or even within Pakistan the intention of the appellant certainly was by means of this agita tion to prepare a ground for a separate independent and sovereign City State of Karachi. The publications have to be considered alongwith the map of Karachi, the separate flag for Karachi and other observations of the author regarding interference of outsiders in the affairs of Karachi. Such an ideology leads to the only interference that the appellant considered the inhabitants of the province of Sind or the citizens of the State of Pakistan outside Karachi, as aliens. These are clearly parochial tendencies which act like poison for the body politic. The country cannot run the risk of allowing such separatist tendencies to propagate and take route to destroy the unity and territorial integrity of the Sovereign State of Pakistan.

31. Mr. Khalid M. Ishaque has lastly argued that the sanctions accorded in this case are defective since they have been signed by the dome Secretary and they do not show that the sanctions have been granted by the Government, nor do they show that the Government actually applied its mind to the facts of the case before granting the sanctions. These sanctions are, however, by order of the Government of Sind and this fact is mentioned in the body of the sanctions. It has also been stated in evidence that the files of the case had been handed-over by the police to the Home Secretary who had proceeded to Chief Minister's residence with the papers and had returned after 2 or 3 hours. Under Article 139 of the Constitution, orders and other instruments made and executed in the name of the Governor shall be authen ticated in such manner as may be specified in rules to be made by the Provincial Government, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor. Under the Rules of Business of the Government of Sind, rule 21, every such order and instru ment can be signed by the Secretary to the Government and in this case the Home Secretary. The ruling cited by Mr. Khalid M. Ishaque, namely, Gokalchand Dwarkadas Morarka v. The King (P L D 1948 P C 11), does not, therefore, render the sanctions in this case to be ineffective. Tie facts in respect of which sanction was given have been referred to in the body of the sanction and evidence has been led to show that the sanctioning. authority had applied its mind to the facts of the case before granting the said sanction. The sanction has also been accorded by the competent authority. Mr. Khalid M. Ishaque has also quoted Abdur Rashid v. The State (P L D 1960 Kar. 251), that if the sanction did not show anywhere that the sanctioning authority was made aware of the details such a sanction would be mechanical sanction and not valid. The learned counsel has also referred to Abdul Awais v. The State (P L D 1962 Dacca 623), on the same point that the order of authority giving the sanction must show what papers were placed before him and if extraneous evidence is not produced to prove that sanctioning authority was aware of the details and of explanation given by the accused the sanction would be mechanical and not valid. The sanctions in this case, Annexures `F' and 'G' do, however, mention that the facts R ere considered in detail and the Government of Sind after applying its p mind to all the relevant facts and circumstances had granted the sanctions. We are not, therefore, prepared to agree with the contention of Mr. Khalid M. Ishaque regarding the sanctions.

32. As a result of the above discussion we are of the opinion that the offences under section 123-A, P. P. C. and section 13 read with section 2 of the Prevention of Anti-National Activities Act have been sufficiently established. The learned counsel for the appellant has refrained from advancing any arguments on the question of sentence.

33. We would accordingly maintain the convictions and sentences passed against the appellant in respect of above offences and dismiss his appeal. MIR KHUDA BAKHSH MARRI, J.-I agree with reasoning and conclusions reached by my learned brother. S. Q. Appeal dismissed.