Call for disqualification: Notices issued on plea to ban MQM

SHC seeks comments of federal, provincial authorities and party leaders


Our Correspondent August 31, 2016
A wax-sealed padlock is seen on the entrance door of an office of Muttahida Qaumi Movement (MQM), after paramilitary forces sealed the headquarters in Karachi, Pakistan, August 23, 2016. PHOTO: REUTERS

KARACHI: The Sindh High Court (SHC) issued on Wednesday notices to federal and provincial authorities on a petition seeking to ban the Muttahida Qaumi Movement (MQM) and to disqualify the party's legislators because of the 'anti-state' speech made by the party's founder, Altaf Hussain, at the MQM's hunger strike camp in Karachi on August 22.

Headed by Chief Justice Sajjad Ali Shah, the two-judge bench directed the authorities and MQM leaders to submit their comments by the next hearing.

Maulvi Iqbal Haider had filed a petition alleging that MQM MNAs and MPAs heard the anti-state speech that Hussain gave by phone from London at the hunger strike camp outside the Karachi Press Club in which he made highly objectionable remarks against the solidarity, integrity and security of the country.  The MQM legislators had neither agitated nor raised any slogans against their party's founder. However, for sake of saving their own skin, they disassociated themselves from the speech, argued Haider.

The federation of Pakistan is duty-bound to issue a notification to ban MQM in accordance with articles 5 and 17(2) of the Constitution as MQM legislators received votes in the name of Hussain, who nominated them to contest the elections of Senate, national and provincial assemblies, submitted Haider

After Hussain's vitriolic speech, all MQM parliamentarians had no right to keep their parliamentarian office in any manner and they all were required to be prosecuted in terms of Section 11-F of the Anti-Terrorism Act, 1997 read with Article 6 of the Constitution, maintained Haider.

He said that the federal and provincial governments are not taking action, but the law does not permit them to remain silent, arguing that it is a legal requirement in terms of the Supreme Court judgment in the Abdul Wali Khan case that the MQM and its elected members be disqualified and their seats declared vacant by the election commission after taking necessary action.

After the initial arguments, the SHC bench issued notices to the official respondents and the MQM leaders to file their comments on the next hearing.

Published in The Express Tribune, September 1st, 2016.

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