PHOTO: INP
Headed by SHC Chief Justice Sajjad Ali Shah, the two-judge bench was hearing a petition seeking to ban the MQM and disqualify its legislators after Altaf's anti-state speech at the MQM's hunger strike camp in Karachi on August 22.
Maulvi Iqbal Haider, who had filed the petition, alleged that MQM MNAs and MPAs had heard the anti-state speech that Altaf gave over the phone from London at a hunger strike camp outside the Karachi Press Club, in which he made highly objectionable remarks against the solidarity, integrity and security of the country. The MQM legislators neither denounced nor raised any slogans against their party's founder, he added.
However, for sake of saving their own skin, they disassociated themselves from the speech, argued Haider.
The petitioner argued that the federation of Pakistan is duty-bound to issue a notification to ban MQM in accordance with Articles 5 and 17(2) of the Constitution as MQM legislators received votes in the name of Altaf, who nominated them to contest the elections of the Senate and national and provincial assemblies, submitted Haider.
After Hussain's vitriolic speech, all the MQM parliamentarians lost the right to keep their parliamentary offices in any manner and they should all be prosecuted under Section 11-F of the Anti-Terrorism Act, 1997, read with Article 6 of the Constitution, he maintained.
He said that the federal and provincial governments are not taking action but the law does not permit them to remain silent, arguing that it is a legal requirement in terms of the Supreme Court judgement in the Abdul Wali Khan case that the MQM and its elected members be disqualified and their seats declared vacant by the Election Commission after taking necessary action.
During the last hearing, Barrister Farogh Naseem had filed a power of attorney document signed by Dr Sattar on behalf of the party.
Haider objected that the power of attorney had been signed by none of the MQM MNAs and MPAs, who have been named as respondents in the plea.
Therefore, the bench directed the lawyer representing the MQM to get the power of attorney signed by all the party's MNAs and MPAs.
Published in The Express Tribune, November 12th, 2016.
COMMENTS
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ