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Friday May 03, 2024

MQM-P counsel told to get documents verified from all legislators

By our correspondents
November 12, 2016

The Sindh High Court (SHC), on Friday, directed Muttahida Qaumi Movement – Pakistan’s (MQM-P) counsel to get the document, notifying respondents of the prosecution lawyer, signed by all those nominated, in a petition seeking ban on MQM and disqualification of its legislators from the assemblies, so that they could be represented in the case.

The plea was registered by Moulvi Iqbal Haider following MQM founder, Altaf Hussain’s, anti-state speech delivered on August 22.

Haider maintained that the party’s MNAs and MPAs heard the speech which was highly objectionable, and was against the solidarity, integrity and security of the country.

He submitted that MQM legislators had till date neither agitated against, nor condemned the MQM chief; however, for the sake of saving their skin, disassociated themselves from the speech.

The petitioner further submitted that the federation of Pakistan was duty bound to ban the MQM in accordance with article 5, 5, 17(2) of the Constitution since its legislators were voted in on the symbol of Kite, and were nominated by Hussain as candidates for the party.

He submitted that after listening to the speech, none of the parliamentarians had the right to retain their offices, and should be prosecuted in terms with 11-F of the Anti Terrorism Act read with article 6 of the Constitution. 

The petitioner stated that the federal and provincial governments were delaying taking action, but the law should take its own course.

It was submitted that it was a requirement of the law - as per Supreme Court’s judgment in Abdul Wali Khan case - that MQM and its elected members of the parliament had been disqualified and their seats were required to be declared vacant by the election commission.

The court was requested to declare MQM an unlawful organisation as the speech amounted to being disloyal to the state. Hence, the federal government was bound to take action under the law against the MQM and its parliamentarians.

SHC’s division bench headed by Chief Justice Sajjad Ali Shah directed the MQM counsel that the document was signed only by Dr Farooq Sattar instead of 70 other legislators of MQM.

The petitioner’s counsel also raised objection over the document filed on behalf of Dr Sattar, since he was declared a proclaimed offender by an anti-terrorism court (ATC) and could not be represented in court prior to surrendering before the trial court.

The court adjourned the hearing till November 22.

 

Sharjeel Memon’s plea

The SHC directed the National Accountability Bureau (NAB) to file comments on a petition filed by former information minister Sharjeel Memon against his name being placed in the exit control list (ECL).

Memon who was facing a Rs5 billion corruption reference for illegally awarding government advertisement contracts, submitted that his name was placed on ECL without disclosing any reason to him and apprehend that he could be arrested after arrival in the country.

The petitioner’s counsel submitted that the high court had granted transitory bail to the petitioner but he feared that he would not be allowed to travel again by placing his name in the ECL.

The minister was also involved in a matter pertaining to illegal allotment of state land in Malir during his time as formal local bodies’ minister, while a private complaint was also under probe in the matter of unauthorised lease of forest land to private persons in years 2009-2010 in district Hyderabad.