Released and detained: Afaq denied freedom, yet again

Sindh Home Department issues notification to detain Afaq Ahmed under MPO.

KARACHI: Afaq Ahmed was almost set free on Tuesday, after seven long years in jail. But the government decided that even though the courts had granted him bail, he could not be let out for fear of an outbreak of violence.

The administrative tool used by the home department to re-detain Afaq another 30 days is called the Maintenance of Public Order (MPO), a convenient relic from the Ayub era that is mostly used against politicians.

The home department stated that violence was feared as it had received reports that Afaq’s men have revived a group called “Allah-o-Akbar group” which is an alliance between the Mohajir Qaumi Movement-Haqiqi and the defunct Sipah-e-Sahaba (now Ahle Sunnat wal Jamaat). But Afaq rebutted these allegations, saying that his party has people from all sects and hence could never join hands with any sectarian organisation.

Afaq rejected the reasons and said it was just a conspiracy to keep him in prison, not only during Muharram ul Haram but later too. He felt that the Numaish violence was planned so that the police could say that the law and order situation was fragile in Karachi. Whether Afaq was expecting this move or not is unclear. It appeared that he believed he would be released as he had done all the paperwork and posted bail, and party workers were preparing to welcome him.

But then the detention order was issued Tuesday afternoon, hours after an SHC bench headed by Chief Justice Mushir Alam had ordered the law enforcing agencies to protect Afaq upon his release.

Afaq had no choice but to challenge the detention order, even though he didn’t even have a copy, and a petition was filed. It was taken up by the chief justice in his chambers late in the afternoon. The CJ asked about the detention order but because it wasn’t available. As a result, he issued notice to the advocate general of Sindh, province’s highest-ranking legal officer, and adjourned for an unspecified date.

This matter could be taken up on Wednesday, today, by a division bench, as Afaq’s attorney Iqbal Kazmi will be asking for an urgent hearing. Kazmi told The Express Tribune that this last hurdle would also be demolished soon through a legal battle. “The state aparatus is trying to prove itself more powerful than the judiciary and all other organs of the state,” he said, vowing that Afaq would be free in a day or two.

Later in the day, Afaq was finally served the papers of the detention orders inside his cell at Central Prison, Karachi. He was moved here from Landhi jail ostensibly because it is close to his party’s stronghold.

Protection for Afaq

One of Afaq’s demands has been protection upon his release and monitoring by the Rangers as he fears he will be implicated in new cases. Earlier in the day, the SHC issued orders for the director-general of the Rangers and Inspector General Police (IGP) Sindh to follow through.

“What do you want in this petition,” asked Chief Justice Mushir Alam, heading the bench with Justice Ahmed Ali M Shaikh.

Afaq’s attorney Syed Iqbal Kazmi started to speak but was stopped. “When the petitioner is present, he must plead his case,” the bench said.

Afaq told the bench that his party’s headquarters were attacked by rockets. The FIRs were registered against unidentified persons but as a result of Joint Interrogation Team reports of terrorists from a rival party, these elements have been identified.

He also referred to the JIT of Ajmal Pahari and said according to this report prepared by six or seven intelligence and law enforcing agencies, an attack on him was planned in 2010 when he was expected to be released from Central Prison, Karachi.

The men from the rival party disclosed to the investigators that the “London leadership” had ordered to kill him even if their own men were killed in the attack, he said.

Explaining the volatile situation in pockets of Karachi, Afaq told the court that despite Supreme Court orders in its suo motu proceedings, barriers still exist and rival party workers are preventing Haqiqi workers and common citizens from entering their own areas.

Afaq said he feared that if he was not protected, he would be booked in new cases.

“The AAG has already submitted that you will not be implicated in a new case(s),” the bench told Afaq. The government is also accepting the right of the families of missing persons to seek compensation. The Sindh government’s lawyer also said that no more cases would be lodged against him. As far as compensation for displaced and missing workers are concerned, the state has formed a commission that can be approached, the bench informed Afaq.

The Haqiqi chairman was quick to raise the issue of his own security, which is why he asked for clear instructions from the court. It is the responsibility of the state, the bench observed in response.

The government would never make the Muttahida angry, Afaq replied.

The bench once again said that according to the constitution, it was the primary responsbility of the state to protect the life and property of its citizens.

The bench then referred to clauses 4 and 9 of the constitution while disposing of the petition and telling the DG Rangers and IGP to provide Afaq protection.

Published in The Express Tribune, November 30^th, 2011.