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Supreme Court Verdict On Hyderabad Tribunal Case National Awami Party
== AMENDED FORMAL CHARGE ==

In Exercise of the powers conferred upon it, by virtue of Section 5 of the Criminal Law Amendment (Special Court)Act, 1975 and on consideration of all the relevant evidence.The Federal Government of Pakistan, Formally charge you:-

1. Khan Abdul Wali Khan s/o Khan Abdul Ghaffar Khan 2. Arbab Sikandar Khan Khalil s/o Saddat Khan Khalil 3. Mohammad Afzal Khan s/o Habib Khan 4. Khan Amirzadah Khan s/o Khoidad Khan 5. Atta Ullah Mengal s/o Mir Rasul Bakhsh Mengal 6. Gul Khan Naseer s/o Habib Khan Mengal 7. Khair Bakhsh Marri s/o Nawab Mehr Ullah Khan Marri 8. Mir Ghaus Bakhsh Bizenjo s/o Safar Khan Bizenjo 9. Sher Mohammad Marri s/o Saidhan Marri 10. Abdul Wahid Kurd s/o Mir Sher Dil Kurd 11. Col(r) Sultan Muhammad Khan Mengal s/o Habib Khan Mengal 12. Muhammad Hashim Ghilzai s/o Baz Muhammad Khan 13. Syed Hussain Hazara s/o Agha Muhammad Hazara 14. Sufi Sher Muhammad s/o Pir Muhammad 15. Aman Ullah s/o Haji Abdul Razzaq 16. Abdur Rauf s/o Abdul Samad 17. Jumma Rahim s/o Usman Ghani 18. Muhammad Abdullah s/o Abdul Shakoor 19. Ashraf Ullah s/o Asmat Ullah 20. Musa Jan s/o Haji Sultan Jan 21. Abdur Raziq Bugti s/o Saleh Muhammad Bugti 22. Abdul Wahab s/o Behrehmat Khan 23. Naseem Agha s/o Said Hashim Khan 24. Saad Ullah s/o Malik Nasrullah 25. Dr. Inayat Ullah s/o Abdul Khan 26. Muhammad Aslam s/o Abdur Rehman 27. Alif Khan (Alafe) s/o Shah Gul 28. Atta Ullah Jan s/o Umer Khan 29. Munawar Khan s/o Saeed Bacha 30. Khan Sardar s/o Mehr Jang 31. Muhammad Aslam Sheikh Hussaini s/o Muhammad Ibrahim Sheikh Hussaini 32. Abdul Majid s/o Haji Ghulam Haider 33. Pervaiz Saleem s/o Ghulam Rabbani 34. Habib Jalib s/o Inayat Ullah 35. Abdul Latif Afghani s/o Sardar Abdul Hakim Afghani 36. Muhammad Kiswari Gardezi s/o Syed Muhammad Jawad 37. Saif Uddin s/o Haji Isa Khan 38. Abdul Qayyum s/o Shah Wali Khan Mengal 39. Muhammad Gul s/o Haji Isa Khan 40. Muhammad Bakhsh s/o Shah Bakhsh 41. Muhammad Aslam Qalandarani s/o Noor Ali 42. Ghulam Ahmad Bilour s/o Bilour Din 43. Afrasiyab Khattak s/o Muhammad Ayub Khan Khattak 44. Nisar Khan Shinwari s/o Khushdil Khan Shinwari 45. Mir Ali Bakhsh s/o Mir Allah Dad Talpur 46. Najam Sethi s/o Abdul Aziz Sethi 47. Hamid Aziz Kurd s/o Abdul Aziz Kurd 48. Ghulam Hussain Mengal s/o Muhammad Ismail Mengal 49. Abdul Aziz Mengal s/o Muhammad Umar Mengal 50. Muhammad Siddique Baloch s/o Jangian Baloch 51. Abdul Latif Baloch s/o Gul Muhammad Baloch 52. Muhammad Bakhsh Shenwari s/o Raza Muhammad Shenwari 53. Muhammad Hashim Mengal s/o Mir Muhammad Rahim Mengal 54. Mehraj Muhammad Khan s/o Maulvi Taj Mehmood 55. Azhar Karim s/o Masood Karim 56. Batoy Khan alias Fateh Khan s/o Maula Bakhsh

All detained now in Central Prison, Hyderabad, as follow:-

1. That you along with accused under pardon shown in list attached as annexure 'Y' and accused who are absconding shown in list attached as annexure 'Z' and others who have not been sent up for trial, between the years 1956 & 1957 and continuing up-to the year 1975, agreed with each other and entered into a criminal conspiracy in Pakistan and abroad, the objects where of were to commit the following offenses, to wit; -

(a) Condemn or cause to be condemned the creation of Pakistan by virtue of the Partition of India, which was effected on 14th/15th day of August, 1947 and to advocate the curtailment or abolition of the sovereignty of Pakistan in respect of all or some territories lying within its borders by amalgamation with the neighboring State of Afghanistan or setting up independent State/States called Pakhtooistan and Azad Balochistan, by subversive, illegal and unconstitutional acts, speeches statements and resolutions with intent to influence or knowing it to be likely that you would thereby influence people inhabiting various parts of Pakistan and more particularly the inhabitants of the regions of Balochistan and North-West Frontier Province in a manner likely to be prejudicial to the safety of Pakistan, or to endanger the sovereignty of Pakistan, in respect of the areas lying within the borders of Pakistan.

(b) Collect or cause to collect men, arms and ammunition with the intention to wage or prepare to wage war against Pakistan.

(c) Wage war against Pakistan and deprive it of the sovereignty over the two regions, namely.i.e.Baluchistan and North West Frontier Province, and some parts of other two regions, namely.i.e.Sind and Punjab (all the four Regions now constituting four provinces of Pakistan) and to overawe by means and use of criminal force the Federal Government and the Provincial Governments.

(d) Conspire and attempt to abrogate/subvert the Constitution in force from time to time, in Pakistan, by use of force and by other nu-constitutional means.

2. And further in pursuance of the aforesaid conspiracy, during the said period, you: (a) With intent to influence or knowing it to be likely that you would influence people, and in particular people living in Baluchistan and North West Frontier, in a manner likely to be prejudicial to the safety of Pakistan;endangered the sovereignty of Pakistan in respect of territories lying within its borders, by amalgamation with the territories of neighbouring States of Afghanistan or setting up State/States of Pakhtoonistan and Azad Baluchistan.

(b) Collected and/or caused to be collected (i) men and (ii) arms and ammunition of local and foreign origin in various parts of Pakistan including some Tribal areas, the time places and details whereof are given in the complaints, arranged their training in guerilla warfare and use of firearms and explosives in Pakistan, Afghanistan and India, with the active help and support, amongst others, of absconder Ajmal Khan Khattakwho was the General Secretary of the now defunct National Awami Party, with the intention of waging or preparing to wage war against Pakistan.

(c) Waged war against Pakistan, inter Alia, on dates and at places described in the complaints, to deprive it of the sovereignty of the two provinces namely, Baluchistan and North West Frontier, and some parts of the other two provinces, namely, Sind and Punjab (the above four Provinces were created by dissolution of the Province of West Pakistan in the year 1970),