Fighting back: Afaq’s brother challenges his extra detention in court

The MQM-H leader was supposed to be released last week.

KARACHI:

The government’s decision to continue to detain Afaq Ahmed of the Mohajir Qaumi Movement (MQM-H), even though he was to be released on bail in one last case, was challenged in court on Saturday.

On Thursday, a Sindh High Court judge had granted Afaq bail and signed the order to release him. This would have meant freedom for the MQM-H leader who has been in jail since 2004. But Afaq was not set free and was detained again, this time under the rules of the Maintenance of Public Order (MPO).

On Saturday, his brother Amjad Shafqat went the court with lawyers M. Ilyas Khan and Muhammad Farooq. His petition referred to an earlier one that sought help on a number of matters. They included asking the police chief to disclose if there is or are any other cases naming Afaq. They also wanted the police to seek court permission before presenting a charge sheet in the five cases in which Afaq was exonerated. They also wanted to ensure that the court’s permission is obtained before any action is taken against Afaq under the MPO.

The family now fears that he will be rearrested in some new case. “Even if such apprehensions come true, the doors to this court are always open to question any action which cannot be justified under the law,” the bench noted on Saturday.

Relying on a newspaper report, Afaq’s brother’s petition said that the governor, who is a nominee of the Muttahida Qaumi Movement (MQM), summoned the home minister on Tuesday and conveyed his party’s displeasure over Afaq’s possible release.

The next day, the Sindh government banned public meetings of five or more people in a bid to prevent MQM-H workers and supporters from holding a welcome rally outside the Malir jail on the same day. Afaq is on the record for saying that he did not want a clash with any political party, including the MQM, the petition stated.

Afaq’s brother contended that the home department’s detention order violated Articles 4, 14, 15, 19 and 25 of the constitution.

The petition argued that the reasons given to detain Afaq did not hold water and were lame. If anyone violates Section 144, the police can do their duty and arrest them. But not a single person was arrested outside the jail where party workers gathered to welcome him upon his expected release. The petitioner said that before an act is held to be prejudicial to public order, it must be shown that the act or activity is likely to affect the public at large.

The petition refered to the earlier release of former MQM-H leader Aamir Khan, who has returned to the fold of the MQM. It said that once he agreed to apologise and rejoin the MQM, he was released from jail. It is thus obvious that the only intention and purpose of the fresh detention order for Afaq is to compel him to leave his party and rejoin the MQM.

The court was asked to set aside the detention order as illegal and unlawful and amounting to throttling the judicial process.

The petition was accepted by the branch and after orders were passed by the chief justice, it was fixed for hearing before a division bench comprising Justice Gulzar Ahmed and Justice Salman Hamid on October 6.

Published in The Express Tribune, October 2^nd, 2011.