PAKISTAN: A group of human rights defenders charged with sedition in Shikarpur

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding approximately 50 civil activists who were charged with sedition against the State by the police after they held a protest at the Lakhi Gate Tower Ghowk on 17 October 2004. The protesters gathered at the Lakhi Gate Tower Ghowk to express their concern over growing insecurity of life and property due to deteriorating law and order in Shikarpur district. 

The reason of their charges described in the First Investigation Report (FIR) registered by the police is that the protesters were involved in “inciting the people against the provincial and district administration and spread hatred against the government” through delivering speeches during their protest. If the court convicts the charged activists, they can be sentenced to a minimum of ten-year imprisonment or a maximum of death sentence. In several Asian countries, sedition charges have been used as a legal weapon to deny, rather than protect, people’s rights. 

The AHRC calls for your urgent intervention into this case. Please urge the local authorities to withdraw sedition charges against the concerned civil activists and respect their right to freedom of assembly and expression.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

About 50 people belonging to various political and civil organizations, who participated in a protest at the Lakhi Gate Tower Ghowk, were charged with sedition by the police on 17 October 2004. 

At about 5:30pm on 17 October 2004, representatives of political parties, trade, business, social and city associations and Hindu Panchayat, attended the protest at the residence of Mian Zafar Ali Alvi, former vice-president of the Shikarpur Chamber of Commerce and Industry in the wake of the killing of a 15-year-old minority boy, Sandeep Kumar Hindu, by three bandits. The boy was murdered on the way to the temple for praying and none of the culprits have yet been arrested by the police.

During the protest, the participants criticized the police inaction regarding the above case, and also expressed their concern over growing insecurity of life and property due to deteriorating law and order in Shikarpur district. Several persons urged in their speeches the Chief Minister of Sindh province and the provincial police chief to take strong action to protect the citizens’ security and their properties. According to the local human rights organizations, 17 persons have been kidnapped and numerous robberies, burglaries and thefts have also been reported in Shikarpur in only the last month. 

After the speeches, the protesters blocked the road for about 30 minutes and continued their sit-in protest, whilst some angry protesters burned tires on the road. Meanwhile, when the police failed to disperse the protesters by way of negotiation, the District Police Officer (Operations) Mr. Khameeso Khan Memon then ordered the Station House Officer (SHO) of Lahi Gate police station, Wasim Mira, to register a First Investigation Report (FIR) against all the protesters on the part of the State invoking the sections of sedition against State. In the FIR (No. 62/2004 under Section 24-A, 341, 147, 149, 34 of PPC), the police mentioned that the protesters were involved in “inciting the people against the provincial and district administration and spread hatred against the government” through delivering speeches during their protest. 

A list of the persons who were charged in the FIR is below. 

1. Naveed Alam Abro (Task Force); released on bail
2. Mian Zafar Ali Alavi (Task Force); released on bail 
3. Younis Phulpoto (SNA); released on bail 
4. Hadi Bux Malik (PML-N); released on bail 
5. Saeed Ahmed Soomro (AT); released on bail 
6. Sanhiro Khan Brohi alias Allahwaraya (PYO); released on bail 
7. Fahad Memon; has gone underground 
8. Barkat Ali Bhutto (PPP); has gone underground 
9. Nadeem Memon; released on bail 
10. Gulzar Brohi; has gone underground
11. Imran Mirani; has gone underground
12. Naseem Samon; has gone underground
13. Naseer Ahmed Mangi (JSM-Z); released on bail 
14. and 40-50 others (all social workers), whom the police believe they can recognize on seeing 

The local human rights groups reported that the police have failed to prove the allegations with solid evidence in the above cases, however, if the court was to convict the above people, they can be sentenced to a minimum of ten-year imprisonment or a maximum of death sentence. In particular, the human rights groups argue that as the police have listed 40-50 anonymous persons in the FIR, they could arrest anyone at anytime on this ground only. They added that due to this fact, a wave of fear has already been spread among the social activists and their activities have become atrophied. 

The AHRC is deeply concerned that the action taken by the Shikarpur district police against protesters violates the protesters’ freedom of expression under its Constitution and Articles 18, 19 and 26 of the International Covenant on Civil and Political Rights (ICCPR), which guarantee the freedom of expression and assembly.

The AHRC is particularly concerned that the offences such as sedition, which are referred to with ambiguity, have allowed the government to use the law as a legal weapon to deny, rather than protect, people’s rights in several Asian countries. In this case, if the protesters are convicted under the sedition against the State, it will legitimate the use of the judicial system in Pakistan as a means to silence public dissent and further intimidate Pakistan’s civil sector. 

Therefore, the AHRC strongly urges the local authorities to withdraw sedition charges against the above civil activists and respect their right to freedom of assembly and expression. In any circumstances, t

o raise voices against misuse of the law and its inability and to demand that it be brought back on track cannot be the basis for sedition charges. 

SUGGESTED ACTION: 
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