During the hearing, held at Karachi Central Jail, accused including Amir Khan, Farooq Sattar, Khawaja Izhar, Rauf Siddiqui, Rehan Hashmi and others appeared before the court. Witnesses, Javed Hazarwi and ASI Jan Muhammad, were also presented before the court by the prosecution. While giving their statements, the witnesses said that they had been acquainted with MQM leaders since 1980. They said that the hate speech by the MQM founder was broadcast on television and people from across the world listened to it. The MQM founder spoke from London for more than half an hour and the MQM leadership had gathered to hear the speech, to which it expressed support, nodding throughout the speech, they said.
While cross-questioning over the witnesses' statements, Advocate Shoukat Hayat argued that MQM is an important political party and its members have been elected on national and provincial assembly seats. Why then was the Election Commission of Pakistan not consulted before placing a ban on party workers if they did anything wrong, he asked.
Counsels for the accused said that the party members present in the courtroom had nothing to do with hate speech made by the MQM founder. They asked that whether any incidents of vandalism or strikes were reported in Karachi following the speech, and claimed that the police have even included those sections in the FIR which the petitioner did not ask to be included. Have you named any accused before any magistrate till date, they asked. Why hasn't any plea been filed to suspend MQM's political activities, considering that it is a political party, they raised questions.
The accused's counsels argued that the role of all the accused, present in the court, in relation to the hate speech, hasn't been defined and the USB containing the statement doesn't mention any date. It was stated before the court that in the speech, people were urged to disrupt the peace and security situation in Karachi and Hyderabad, but the FIR was registered four to five days after the incident, they said. They argued that the report registered by the witness didn't define the crime and witness Muhammad included some sections in the FIR on his own account.
Advocate Hayat and other counsels for the accused completed cross-questioning over witnesses' statement and the court summoned more witnesses at the next hearing, on October 5.
Hearing adjourned
The same court adjourned the hearing of two other cases pertaining to anti-state slogans, attack on media houses, terrorism and vandalism, due to the absence of the petitioner.
Accused including Dr Farooq Sattar, Amir Khan, Kunwar Naveed Jamil, Qamar Mansoor and others appeared before the court during the hearing, while the petitioner, Artillery Ground Police SHO, remained absent. A plea, filed on behalf of the petitioner, mentioned that he could not appear before the court due to the demise of one of his close relatives.
The court remarked that the hearing will be conducted on a priority basis and hence, the date for the next hearing cannot be extended. The court summoned the petitioner on September 24. According to police, a man had died and several others were injured due to vandalism by MQM workers on August 22, 2016.
Terrorism facilitation case
In another case, pertaining to the provision of medical facilities to terrorists, the special ATC summoned the petitioner of the case at the next hearing, scheduled for September 21, after the completion of cross-questioning over a witness' statement.
During the hearing, accused including Dr Asim Hussain, Rauf Siddiqui, Anis Qaimkhani, Usman Muazzam and Wasim Akhtar appeared before the court. Ziauddin Hospital's Deputy Medical Director Yousuf Sattar also appeared as a witness. While giving his statement, Dr Sattar said that injured workers of Pasban organisation, MQM, Pakistan Peoples Party and other organisations were brought to the hospital, where they were provided medical facilities. Counsels for the accused completed the cross-questioning over the witness' statement. The court summoned the petitioner of the case at the next hearing and adjourned the hearing till September 21.
Travelling abroad
A special ATC allowed Karachi Mayor Wasim Akhtar to visit Dubai for two days and MQM leader Rauf Siddiqui to visit Saudi Arabia for 14 days.
The court was hearing pleas filed Akhtar and Siddiqui, seeking permission to travel out of the country. Akhtar maintained in his plea that he has to visit Dubai to meet his family, while Siddiqui requested in his plea that he be allowed to visit Saudi Arabia for the renewal of his Iqama.
The court allowed Akhtar to visit Dubai for two days and Siddiqui to visit Saudi Arabia for 14 days.
Published in The Express Tribune, September 15th, 2019.
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