MQM-H workers can be politically active: SHC

Govt should prove its allegations MQM-H is in alliance with sectarian outfit.

KARACHI:

A constitutional petition on no-go areas and a restriction on political activities was disposed of by a division bench of the Sindh High Court (SHC) comprising Chief Justice Mushir Alam and Justice Ahmed Ali M Shaikh on Thursday. The petition was filed by the central information secretary of the Mohajir Qaumi Movement (MQM-Haqiqi).

The bench observed that political parties and their members had the right of association and political activities within the confines of the law. The bench examined comments filed by the provincial government, which denied the existence of no-go areas in the city and province. According to the government’s comments, MQM-H activists were never prohibited from any political activities. They also denied the state’s role in the dislocation of MQM-H members and workers. The petitioner’s counsel contested the comments filed by the state and referred to the Supreme Court’s judgment in the suo motu proceedings on the law and order situation in Karachi. He said that on page 56 of the judgment, it was observed that no-go areas did exist in the city. He added that in some cases, even hospitals were considered no-go zones for certain communities.

The petitioner’s counsel insisted that the apex court had ordered the Sindh government to ensure that no no-go areas existed. However, this was not done.

The bench observed that the MQM-H could carry on with its political activities peacefully. They added that the constitution guaranteed that the law enforcement agencies ensure that every citizen may live in his house peacefully.

The bench also observed that if party workers, supporters or activists faced any difficulties in going to their respective residences they should go to the police or Rangers.

Challenging the detention

The detention of Afaq Ahmed, the chairman of the Mohajir Qaumi Movement (MQM-Haqiqi), violates clauses 9 and 204 of the constitution that guarantee freedom and liberty to all citizens of this country. This was the argument put forward by his attorney, Syed Iqbal Kazmi, in an application for urgent hearing to challenge the detention.

He referred to an earlier order passed under section 3 of the Maintenance of Public Order (MPO) Ordinance, 1960 in October, detaining Afaq to prevent his release after incarceration for seven years. On previous occasions, religious intolerence was not given as a reason to detain Afaq. But in the order passed on November 29, the government alleged that Afaq and his men were colluding with the banned (and now defunct) Sipah-e-Sahaba. The government thus re-detained Afaq by accusing him of planning to propagate religious hatred during Muharram, killing and clashing with rival party workers.

The onus of proof is now on the government which has levelled wild, unfounded and baseless allegations against Afaq, who is a peaceful citizen, the application said.

Kazmi maintained that the MQM-H is a political party with members belonging to all sects, including the Fiqah-e-Jaffria, and since it came into being, not a single case of religious hatred has been lodged against them.

Afaq has denied that any group by the name of “Allah-o Akbar” exists in the MQM-H.

Kazmi once again brought up the fact that all of the lawyers representing the federal and provincial governments had categorically stated before this very bench that the government did not intend to detain Afaq any more and that no new case was being registered against him. But at the same time, the Sindh home department issued a notification, detaining him for another 30 days, in violation of constitutional clauses 9, 25 and 204.

The bench allowed the application for urgent hearing and ordered for notices to be issued to the advocate general of Sindh and home secretary for December 7, immediately after Ashura.

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