Ordering the police not to arrest or implicate him in other cases without informing the court, the Sindh High Court (SHC) on Thursday disposed of the petition filed by detained Mohajir Qaumi Movement-Haqiqi (MQM-H) chief Afaq Ahmed, seeking protection against political victimisation and prosecution in false cases.
The SHC bench comprising Chief Justice Mushir Alam and Justice Muhammad Ali Mazhar heard the final arguments from both sides issued the order: “Even if such apprehensions [of the accused] come true, then also the court doors are open to question any action which cannot be justified under the law. In view of forgoing views, the petition being served out its purpose and same accordingly disposed of.”
Earlier on the court’s directions, a report was submitted by the Karachi Capital City Police Officer (CCPO), informing the court of the status of cases against The MQM-H chief.
The report stated that a total of ten cases were registered against the petitioner, out of which six were taken in (B) class, as nothing was proved by the prosecution in the court, therefore, no charge-sheet (challan) was submitted against him. The six cases were registered against him when he was in prison. Two more cases against Afaq were under trial in the district (east) court, and there too he has been granted bail in both cases.
“The petitioner has been acquitted from another case, while he is under-trial in one Atiqur Rehman murder case and an acquittal application against the said murder case is also under trail in the SHC, adjourned until July 19.”
The SHC bench on the basis of the report submitted by the CCPO disposed of the petition.
Afaq, who has been imprisoned since April 2004, had stated that due to political and ideological differences with the party leadership, he had disassociated himself from the Muttahida Qaumi Movement (MQM) and alleged that he was being booked and prosecuted in false cases at the behest of his rivals.
The Haqiqi chief had stated that he had been acquitted or granted bail in all cases but the police on government instructions implicated him in new cases to keep him in prison. During the last hearing the petitioner’s counsels had submitted that he was being deprived of continuing politics for the past nine years on the basis of false and fabricated cases. Five criminal cases were registered at the Saudabad, Landhi and Al-Falah police stations over the last couple of years against the petitioner, who was mentioned as abettor, but he was not put on trial due to lack of evidence. Mentioning that all cases were registered on complaints of rival MQM activists, they apprehended that the petitioner might again be arrested in new cases soon after his release from prison.
The petitioner prayed that the court directs police officials to disclose the cases against him or those in which he was likely to be named; to seek permission from court prior to submitting charge-sheets in which the petitioner had been exonerated by the police; and to restrain the jail superintendent from informing the police of his release from prison.
