Afaq cases: Hearing adjourned in contempt petition and plea for FIR against Altaf

SHO Jamshed Quarters, AG Sindh summoned on next date.


Express/zeeshan Mujahid December 15, 2011

KARACHI: The hearing of a contempt of court application filed by Afaq Ahmed, chairperson of the Mohajir Qaumi Movement (Haqiqi), against senior police officials for misleading the Sindh High Court was adjourned indefinitely on Thursday.

When the contempt of court application came up for hearing before a division bench comprising Chief Justice Mushir Alam and Justice Ahmed Ali M Sheikh, Afaq drew the attention of the court towards the statement of  DIG East Naeem Akram that  no criminal case against the petitioner was under investigation.

The bench was also informed that the DIG listed the cases in his undertaking and gave details along with supporting documents.

The bench noted that contempt is proceeded on the ground that a criminal case 140/ 2001 pending before the ATC II was not disclosed and when freed in all cases, Afaq was shown as arrested in this case. The petitioner maintains that suppressing information was intentional and mala fide  act to abuse the process of law.

The bench also noted that former AIG Legal (now a legal consultant on contract), Anwar Subhani, an alleged contemnor, was not in attendance. The bench was told that he was busy before a circuit bench of SHC at Larakana. The bench put off further proceedings and issued a notice to Subhani asking him to explain his position in seven days. The bench also ordered the office to issue a production order of the accused for the next hearing.

Another bench of the high court comprising Justice Maqbool Baqar and Justice Imam Bux Baloch issued a notice to the SHO of the Jamshed Quarters police station and Advocate General Sindh for an unspecified date.

Earlier on in the day, Syed Iqbal Kazmi, Afaq Ahmed’s attorney, had argued the petition till Afaq Ahmed was not produced before the court.

The petitioner seeks registration of an FIR against the Muttahida Qaumi Movement’s top leadership including Altaf Hussain, Muhammad Anwar, Haider Abbas Rizvi and others for allegedly planning Ahmed’s murder after he would be released from jail.

While the SHO Jamshed Quarters stated that the petitioner never approached him to register a First information Report (FIR), Kazmi conceded that since Afaq Ahmed has been in prison since April 2004, he was not able to lodge the FIR.  Kazmi, however, submitted that the petitioner had sent a communication under section 154 of the Criminal Procedure Code  a week ago with a request to lodge a complaint.

After consulting with senior officials, the SHO declined to lodge the FIR on the grounds that a petition on the subject is pending before SHC and could only be done when the court orders so.

Ahmed’s attorney said that in view of these facts, the SHO could be directed by the bench to register an FIR.

After hearing Ahmed’s attorney, the bench ordered issuance of notices to the SHO Jamshed Quarters and Advocate General Sindh for a date to be fixed later by the office of the court.

In jail : Afaq alleges MQM is behind his continued imprisonment

“The present Pakistan Peoples Party (PPP) government, under immense pressure from its major coalition partner, Muttahida Qaumi Movement, is doing everything to keep me behind bars”, said Mohajir Qaumi Movement (Haqiqi) chairperson Afaq Ahmed.

Ahmed was talking to reporters at the Sindh High Court on Thursday. He also confirmed that he had met with Waseem Ahmed, Additional Chief Secretary Home but that the Home Department refused to hear his issues and is taking a unilateral decision on his representation against further detention under the Maintenance of Public Order act.

“I was told that if I agree, my residence can be declared a sub-jail where I would be allowed all facilities except free movement or alternatively, I could quit the country.”

“I told the court that my detention after bail in all pending cases is illegal, mala fide and against all norms and law and I will continue to do so,” he said, while waving to party supporters at the court.

Afaq noted that the “PPP government claims every now and then that there is no political prisoner in the country, but here I am before all of you. Who else is a political prisoner to them?

Published in The Express Tribune, December 16th, 2011.

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