Declaring the detention of Mohajir Qaumi Movement (Haqiqi) chairman Afaq Ahmed under Maintenance of Public Order (MPO) as illegal, the Sindh High Court (SHC) on Friday ordered the government to release the imprisoned political leader.
The division bench headed by SHC Chief Justice Mushir Alam and Justice Ahmed Ali Shaikh announced the verdict after hearing arguments from both the sides and ordered the release of Ahmed, if he is not required in any other case.
Representing the Sindh government, the Advocate General had argued before the bench that government has the legal right to detain any citizen under MPO while Ahmed was detained due to the volatile law and order situation.
In their final arguments, Haqiqi chairman’s counsel Khurram Maqsood advocate and human rights activist Iqbal Kazmi had prayed that the court declares the detention order illegal.
Interestingly, after the court’s decision, the MQM-Haqiqi withdrew the surety amount for Ahmed’s bail submitted at the Malir court in a case registered with the Landhi police station against the estranged leader.
According to party insiders, however, the decision was taken to avoid any untoward incident and the safety of their chairman.
Meanwhile, talking to reporters after the Sindh Assembly session, provincial Home Minister Manzoor Wasan said Ahmed was detained in the light of intelligence and police reports and the government will follow the high court’s decision.
“Neither we will not commit any unlawful act under pressure of any allied party nor there is pressure from any side [regarding the Haqiqi chief’s issue],” he said, adding that he has never met or contacted Ahmed in jail.
Last week, the court had given three days to the authorities concerned to decide the fate of the Haqiqi chief, who has been behind bars since 2004.
During the current year, two SHC judges refused to proceed Ahmed’s cases while another judge Justice Tufail H Ibraheem, proceeding with the matter, resigned on personal grounds.
The Haqiqi chairman was arrested in 2004, when MQM became a part of the Pervez Musharraf-led government. Several different cases were registered against Ahmed and the name of his close colleague Aamir Khan was also included in almost all cases. However, when Khan reconciled with the MQM chief and apologised publicly, he was bailed out in all cases and released. On the other hand, Ahmed remained behind bars despite being acquitted or granted bail in the cases.
The Sindh government had first detained the Haqiqi chief under MPO on September 28 and after a week, the court was informed that Ahmed was an absconder in a kidnapping case registered 10 years ago. The MPO was then withdrawn but on October 29, when the trial court granted him bail in the last case registered against Ahmed and ordered his release, the provincial government again detained him under MPO again; whereas, the Sindh advocate general on the same day had assured the high court that the Haqiqi chairman would not be detained again.
