With Mirza by his side, Afaq’s spirits rise as court says no arrest

Notices issued in MQM-H leader’s petition to file FIR against Altaf Hussain.

KARACHI: Afaq Ahmed shredded the prosecution’s technicality-laden case with his simple arguments on Tuesday, making it easy for the court to arrive an order in his favour. He will not be arrested in the case registered by the water board staffer, who accused the Mohajir Qaumi Movement (MQM-H) chief of ordering his kidnapping and torture from behind bars.

The Sindh High Court’s Justice Maqbool Baqar effectively binned the FIR, as there was not an iota of evidence against Afaq, who asked for bail so that he could get out of jail after seven long years. “I have been in prison since 2004 and all 11 cases were filed while I was incarcerated,” he said, adding that the papers all said that the crimes were committed at his “behest”. As a result, Afaq is free of this case - but he remains behind bars as he has yet to make bail in one last case, dating to 2002.

During the course of the hearing, the judge asked whether the police had arrested the men who were accused of actually kidnapping and torturing the water board staffer Khalid Hussain. The PG said that Yameen alias Hakla, Ejaz alias Baboo, Raees alias Topi and another man were on the run.

Hussain’s lawyer continued to oppose Afaq’s bail on technical grounds but Justice Baqar said: “Right now you don’t have the right of audience.” He then turned to the PG and later to Afaq to ask about his cases pending adjudication.

The bench also went through the doctor’s report of injuries to Khalid Hussain.

Come on buddy, let’s both face court, says Afaq

Meanwhile, another bench, of Justice Gulzar Ahmed and Justice Muhammad Ali Mazhar, heard Afaq’s petition asking for the police to be ordered to register an FIR against MQM chief Altaf Hussain, Anees Qaimkhani, Syed Haider Imam Rizvi and others. He wants the FIR to be registered for an attack on the MQM-H headquarters Bait-ul Hamza in which two workers were killed. The bench ordered for notices to be issued to the PG and AG for November 28.

A spirited Afaq said that soon Altaf Hussain, the chief of the Muttahida Qaumi Movement (MQM) would be facing a court of law and then alone Karachi and its people would be rid of “politics at gunpoint”.

Talking to the media during a one-hour adjournment for his bail hearing, Afaq said that, “The two men arrested as accused in the murder of Dr Imran Farooq were directly linked to the brutal murder and now it will not be possible for the MQM chief to come to Karachi, ending his self exile”.

Rehman Malik was correct when he denied the arrests as disclosed by the London Police, Afaq said, explaining that Malik did not necessarily know this as not all federal agencies reported to him. Some of them directly report to the prime minister. “These alleged killers were not arrested by the police and therefore it is not necessary for this to be in [Malik’s] knowledge,” Afaq said. Altaf Hussain was behind the murders of Raziq Khan, SM Tariq, Azeem Ahmed Tariq, Badr Iqbal, Khalid bin Waleed and several others. The entire city is being held hostage to guntoting youngsters and we want to rid the city of Altaf Hussain and his men, he said.

Afaq also said that his party would be taking part in the general elections.

Mirza apprehends arrest

Afaq was not alone in court as former home minister Zulfiqar Mirza sprang a few surprises when he reached the SHC to express solidarity with the MQM-H chief.

The first surprise was Mirza’s sudden appearance and the second was his intelligence that MQM planned to make an appearance in Afaq’s bail plea. Indeed, Muhammad Jivani advocate of the MQM’s legal aid committee opposed Afaq’s bail in the water board staffer’s case.

Mirza suddenly appeared in the courtroom at 9:15am and sat next to Afaq. He was in the middle of exchanging pleasantries when the Reader issued a general warning for people to stay quiet and maintain the decorum of the court.

Silence fell immediately but Mirza kept whispering to Afaq who nodded in agreement frequently. The two leaders were surrounded by the MQM-H’s central information secretary and a few workers.

Later, Mirza talked to the media in the corridor. He said that he had openly supported the “oppressed” Afaq for six months.

On another note, Mirza said: “I have a feeling that in my own government [PPP rule] I will go to jail. With this in mind, I am readying myself to climb the stairs of the court as I am aware that the lift is not used for prisoners. They have to take the stairs.”

Published in The Express Tribune, November 16^th,  2011.