ISLAMABAD, April 12: District and Sessions Court Islamabad on Monday sentenced ARD president Makhdoom Javed Hashmi to 23 years in prison and fined him Rs42,000 for inciting mutiny in the army. Mr Hashmi was sentenced on seven counts, with a maximum of seven years on one count.
The prison terms will run concurrently. "We were expecting this and will challenge the sentence in the superior courts," said Maimoona Hashmi, the daughter of Mr Hashmi, who was tried inside the Adiyala jail near Rawalpindi.
She told reporters after the announcement of the verdict that she had met her father and found him in high spirits. He had declared the punishment as "his victory for the cause of democracy".
Mr Hashmi was arrested on Oct 29, 2003, after he read out and distributed among journalists an unsigned letter titled 'Qaumi Qiyadat Kay Naam' at a news conference. The letter on a purported GHQ letterhead was said to have been sent to some parliamentarians by unknown army personnel.
"From the reproduction of incriminating material available on record, discussion and findings, I am of the irresistible conclusion that the prosecution has been able to establish its case against the accused beyond any reasonable shadow of doubt," said Judge Asad Raza of the District and Sessions Court, Islamabad, while announcing the verdict.
The judge sentenced Mr Hashmi under section 131/109 PPC (incitement to mutiny) to seven years rigorous imprisonment (RI) with a fine of Rs10,000, in case of default of which, he would have to undergo further two months' jail term.
Similarly, under section 124-A of Pakistan Penal Code (defaming the government and the army) Mr Hashmi was awarded three years RI with a fine of Rs10,000. In case of default, he would have to undergo a further jail term of two months.
Mr Hashmi was also convicted under section 505(a) PPC (defaming army) and sentenced to two years RI with a fine of Rs5,000. In default, he would have to undergo one-month imprisonment. Under section 468/471 PPC (forgery of documents), he was sentenced to four years RI on two counts with a fine of Rs5,000 each, in default one month's imprisonment.
Under section 500 PPC (defaming army officers), he was awarded one-year simple imprisonment with a fine of Rs5,000, in default one month's imprisonment. Under Section 469 PPC, he was sentenced to two years RI with a fine of Rs2,000, in default 15 days.
"All the sentences shall run concurrently," the judge said in the 56-page order. Mr Hashmi was given the benefit of section 382-B PPC, meaning that his sentence would be counted from the day of his arrest.
"A careful perusal of the contents of the letter reveals that not only an attempt has been made by the author to cause disaffection between the Pakistan Army but also he has abetted in inciting the people against the President of Pakistan as well as the Army for mutiny," the order said.
In this way, the author has also tried to harm the solidarity of the country and to create hatred between the public and the government constituted by law, the judge said.
Thus the wordings used in the offending letter, distributed by none else but by the accused, fully constituted an offence, the judge said. The case was registered against Mr Hashmi on the complaint of one Khurshid Ahmed at the Police Station Secretariat, Islamabad.
