Afghan woman pleads guilty to forgery
PESHAWAR: A special anti-corruption and immigration court on Friday awarded 15 days sentence and imposed fine of Rs110,000 to the National Geographic-famed Afghan woman, Sharbat Gula and ordered her deportation to Afghanistan.
Judge Farah Jamshed Khan of the special anti-corruption (central) and immigration court gave the verdict under various sections of law after she pleaded guilty to forgery to secure Pakistan's Computerised National Identity Card (CNIC).
In the three-page order received by The News, the judge stated that the accused has willingly waived her right to receive copies of the charge-sheet under Section 265 (c) Criminal Procedure Code and thus a formal charge framed against her to which she pleaded guilty and requested for minimum sentence for the charges.
"As per record, Sharbat Gula has been charged in case First Information Report in hand for fraudulently obtaining her Pakistani CNIC being Afghan national and to this effect she pleaded guilty in the court," the order stated.
It was stated that counsel for the accused Sharbat Gula also referred to the fact that she was a widow having four kids all dependent on her. Her counsel argued that she is suffering from Hepatitis C and for this very reason was admitted in the hospital and even today she was brought before the court from hospital.
The court observed in the order that it was an offense of heinous nature and as such a lenient view was taken in her favour. The court said she was convicted and sentenced on various sections, including 15 days period and fine of Rs10000 under Section 14 (2) of Foreigners Act, 15 days period of imprisonment and fine of Rs20,000 under Section 419 of Pakistan Penal Code (PPC), 15 days and fine of Rs20,000 under Section 420 of the Pakistan Penal Code, 15 days period and fine of Rs20,000 under Section 468 of the PPC, 15 days period and fine of Rs 20,000 in Section 471 PPC and 15 days period and fine of Rs20,000 in section 109 of PPC read with section 5(2) of Passport Act/30 of Nadra Ordinance.
It was stated in the order that all the sentences were concurrent and thus the accused would have a maximum of 15 days imprisonment.
The court also gave her benefit of Section 382-B of the Cr PC and counted her prison period in the sentence. Sharbat Gula has spent 10 days in the prison and will therefore remain for five more days in the jail.
The order stated that the convict had deposited the entire amount of fine in the court and thus on completion of her sentence she shall be deported to her country. The court ordered the government to make necessary arrangements for her deportation at the earliest.
The court directed the prosecution to inform the court about the co-accused in the case and furnish the challan till December 1.
"It is in the notice of the court that their bail before arrest applications are pending in this court, but the co-accused have also filed writ petition for cancellation of the FIR before the Peshawar High Court," the order stated.
The Federal Investigation Agency had submitted interim challan on November 1 in the court about Sharbat Gula as it had already completed investigation against her. Sharbat Gula was arrested by the FIA personnel on October 26 from her house in Peshawar's Nauthia locality.
The challan pointed out that the suspect had already admitted her guilt during interrogation. The Afghan woman had claimed that her late husband, Rehmat Gul, had made a manual Pakistani national identity card for her in 1988.
Sharbat Gula admitted during interrogation that she later visited the National Database and Registration Authority (Nadra) offices and met an agent outside the building who got her Pakistan's CNIC in return for some money.
The FIA had registered the FIR on October 20 against Sharbat Gula and three former Nadra employees for allegedly issuing the CNICs to her and two other Afghans shown as her sons.
The FIR noted that after the completion of inquiry and checking of Nadra record, it was established that three employees of Nadra Peshawar offices, including Palwasha Afridi, Mohsin Ehsan and Emad fraudulently issued Pakistani CNICs to three Afghan nationals, including Sharbat Gula, Wali Khan and Rauf Khan.
Palwasha Afridi and Mohsin Ehsan secured pre-arrest bail from a court in the case while the third official is absconding. The legal experts said the government can give four days remission to the Afghan woman if it wanted to deport her before the completion of her 15 days sentence.
The court conducted in-camera proceedings on Friday and did not allow the members of the media into the courtroom. The judge ordered the in-camera proceedings after some cameramen of news channels tried to record video of Sharbat Gula when she was entering the courtroom.