Pakistani immigrant sues US over false arrest in war on terrorism. PHOTO: FILE
Irfan Khan, a 40-year-old Muslim, emigrated to the United States from Pakistan in 1994 and is a naturalised US citizen.
He is the son of a 78-year-old south Florida imam who was sentenced to 25 years in prison by a judge in August for funnelling more than $50,000 to the Tehreek-e-Taliban Pakistan (TTP).
Hafiz Khan was convicted in March on four counts of providing money and support to the group, which the United States considers a terrorist organisation. He had faced a maximum of 60 years in prison, and prosecutors sought a 15-year sentence.
The lawsuit, filed on Tuesday in US District Court, says Irfan Khan was arrested in California in May 2011 on charges that included providing material support for terrorism and the TTP.
Subsequently transferred to a prison in Florida, he was also accused of supporting a conspiracy to maim, kidnap or murder persons overseas, according to the lawsuit.
All charges against Khan were dropped in June 2012, but only after he had been held for 319 days in solitary confinement, according to the lawsuit.
"The conduct the government subjected Irfan to, as a result of his religion, national origin, and its overzealousness in its war on terror was and still is, by all standards, horrendous," the complaint says.
"I couldn't even imagine myself in this situation," Khan told Reuters on Thursday evening. "I was shocked at the time. I'm still shocked. I don't know why it happened, how it happened, and that's why we are doing this. To get some answers."
He did not elaborate, but the lawsuit accuses the government of false arrest, imprisonment and malicious prosecution.
A spokesman for the US Justice Department could not be reached for comment on the lawsuit after Reuters learned of it late on Thursday.
The government accused Khan of wiring money in 2008 to a commander of the TTP named Akbar Hussain, but Khan maintains that he actually was sending money to his wife, who was visiting Pakistan, through her uncle who is also named Akbar Hussain but who is a retired college professor.
The lawsuit also claims that a neutral translator would have disagreed with the government's interpretation of two telephone conversations cited by prosecutors that Khan had with his father in the father's native language of Urdu and Pashto.
The lawsuit states that Khan could be heard on the phone calls criticizing the Pakistani government but not advocating violence, as was claimed by government prosecutors.
Following his arrest, Khan said he lost his job and his car. He also said his wife had to move with their two children out of concerns for their safety.
Since his release, Khan, who is looking for a job in Miami, said one bank refused to allow him a checking account, and his former employer refused to talk to him.
Michael Hanna, a discrimination attorney with the Morgan & Morgan law firm in Orlando, said Khan is seeking justice and unspecified damages.
Case 1:13-cv-24366-CMA, Irfan Khan v United States of America, was filed in US District Court, Southern District of Florida.
COMMENTS (27)
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@Patriot: You have to say something more than read history as than doesn't negate anyone's argument. 2ndly Hillary Clinton has openly accepted that US created Al Qaeda. 3rdly plzzzzzzzzz never ever in life compare someone like Noam Chomsky to Bill clinton. lol I will end here because that tells a lot about Ignorance.
@Ariba: I don't question patriotism of others unlike most of Pakistanis. I shall also add Noam Chomsky to your list. There is a difference of opinions among people without labelling others as traitors. I can also mention Bill Clinton, Lindsey Graham, Steve Chabot who believe Differently from these men on your list.
A) and please remove Bosnia, Gulf War, War on Terror, Korean War and go read about these conflicts why they occurred rather then speak ignorantly. And please read about the Cold War to understand most of the conflicts on your list. Up until 1990 US policy is viewed under a broader Cold War era engagement policy. Please read about it and why Those military engagements were undertaken in order to make some valid arguments. Some of these conflicts can still be criticised rightfully but they don't make USA a monster like most Pakistanis like yourself see it. Oh and US never created or funded Al Qaeda (btw lol) and never supported Al Qaeda in Syria, US supported Free Syrian Army and that too was scaled back fearing Al Qaeda's more proactive role. B) war crimes are a big word. And it's not for these people to decide who commits war crimes. It's for the International Court of Justice, international Tribunals and Criminal Court to decide. And just btw the very idea of War Crimes was established by the US lead International order through the Geneva Conventions.
Respectfully, Just please read some history is all I can say you to, it will bust many myths there are.
@Hafsa Hashmey - your patrons the Arabs are more violent with their beheadings, stonings than U.S. They have also promoted and sponsored genocides in Egypt, Darfur against fellow Muslims.
Your good-weather friend China is routinely suppressing Tibetians, Uighur Muslims and has already killed around 30M of their own folks during Mao's regime.
They don't offer any liberties nor human rights... Worry about them before cursing the Americans.
@Maula Jatt: Internet is not arabic invention to be used only by Pakistanis. If you don't want indians to comment, invent something new so that only you guys can use it.
I bet that despite all this he still doesn't want to leave the US, because he knows their system is still far better than the alternative (going back to Pakistan).
@Ch. Allah Daad: heard of Patriot Act...US has right to keep any suspect without giving them any rights...the US has stepped up surveillance on guys from pakistan living in US.!!
@Ariba:
Your list is very short. Here's a link to the complete list (its too long to paste here): http://en.wikipedia.org/wiki/TimelineofUnitedStatesmilitary_operations
@Patriot: Are you more patriot than US representative Ron Paul, US representative Alan Grayson, Ex Governor of Minnesota & Ex Navy Seal Jesse Ventura? Go ask them why they think US does War Crimes all the time since 1945. toppling governments. They all believe the sameway Hafsa Hashmey believes.
1950-53 -- Korean War. 1954 coup in Guatemala Bay of Pigs (1961) Vietnam War (1961–1973) Panama (1989) Gulf War (1991) Iraq invaded Kuwait Bosnia (1994–1995) Cold War : (Creating & Funding Al Qaeda) Global War on Terror 2001 - continued including Iraq war killing innocents. Recently supporting Al Qaeda in Syria.
https://www.youtube.com/watch?v=u4SgEy2khOE May Allah guide us all.
The USA is trying to stop funding of terrorist who are slaughtering Pakistani civilians and the theme of most post is classic anti American blather saying that the USA is targeting Pakistani's. Rubbish. . His arrest may have been a mistake but an understandable one. His father was caught funding terrorist and sentenced to jail - he was caught providing funds to an individual who shared the same name as a known terrorist - when that error was discovered he was released. . USA deserves kudos for trying to stop funding of terrorist - they also deserve credit for acknowledging a mistake and releasing this man. He is exercising his right under US law to seek compensation for false arrest - something I doubt is available in Pakistan.
@Patriot: To add to your comment. it is a place where the Chief Justice confines a hindu girl who was raped to an islamic institution, prevents her family from meeting her and then goes on to praise and congratulate her rapist. Nothing is known of Rinkle, Asha or Latha since then. Yes the same CJ can take suo-moto action of a lady carrying a small quantity of alcohol in her hand bag. He has kept Asia Bibi still in prison for over three years. Rimsha had to flee Pakistan with her entire family but the cleric who falsely accused her and seized the property of her family is set free.
In US, the courts are free and fair. The law enforcement agencies are also not biased. If he is innocent he will get justice provided the law enforcement agencies have acted without any bias.
@Hafsa Hashmey:
Interesting to note that both Japan and Vietnam have better relations with the USA than they have with Pakistan - guess they don't think the USA are the "terrorist" that you try and portray.
@scotchpak: Look who's talking? Some whose country has courts where cases are lined for 20 years and still pending. A place where people are picked up and they vanish in thin air. A country where it's largest province has numerous bullet ridden bodies and still no one knows the culprits. A place where killers like mumtaz qadri are showered with rose petals. Where it's largest city saw target killings every day and still the culprits roam free. And I can still go on. US is a civilized country where citizens are kept happy and the country great at all costs. That's where justice is actually served in court of laws.
@Hafsa Hashmey: No opportunity is left to bash USA. US does not spread terrorism my dear extremist terrorists do which happen to live mostly in lawless and Muslim countries. This man's father was convicted so there was basis for suspicion. But however what happened to him was unfortunate and sad and I do hope he gets compensation for it and gets Justice. And yes it's the US court which will give him justice if he is right unlike courts in Pakistan where the innocent are harassed for years and the criminals are left free. And talk about Hiroshima and Nagasaki when you read World War Two history and how gruesome Japanese crimes were in China and against US. USA has made numerous mistakes, followed wrong policies but it remains a Great country and always will. Please keep your biased anti US views to yourself because they would never stand to be logical against anyone who knows a bit about US and history.
@Hafsa Hashmey: Hope for justice in the USA??? you better hope he wasn't slow poisoned with polonium..
@Hafsa Hashmey: His father is in jail in terrorism related charges. Pakistan army killed 3 million of people in Bangladesh and millions in Afghanistan during the last 30 years. Islamic invaders killed millions in India alone. If US is so bad why most Muslims want to immigrate to USA.
Muslims kill each other in countries like Pakistan and Afghanistan every day.
@sh(india): Your comments are not welcome here. Most of those Pakistanis went to Western nations long ago, some intermarried with local people and raised their children there. You have no right to insult anyone.
Not only Khan has the right to sue the US government, he must do so to restore his honour and dignity. Fortunately he is in USA, where he can expect justice. This is the greatness of their judicial system, which is best in the world. Best of luck to him.
I don't how shameless pakistanis are they even migrate even after usa drones are killing their own citizens. Wow!!
@saad: even we the army could not think of this logic that fc is not part of army!
Well said Shahabuddin!
@Shabuddin: This is Law-less country, so do not expect anything.
Keeping under arrest for 320 days is small when compared to the Pakistan standards. Now Supreme Court is asking the Army to present the persons taken away by them ten years back.
I really hope he gets justice. The US intelligence and military agencies have destroyed millions of lives in the name of their War on Terror where they themselves have been spreading terror all across the globe, be it the Hiroshima Nagasaki Bombings or the Vietnam War and their countless other strategies promoting civil wars etc.