crankthskunk
Chief Minister (5k+ posts)
Things are quite on MQM front, despite the vicious attacks by Zulfiqar Mirza, apart from a token Press Conference presented by a slightly lower ranking leader, not much is coming out of the MQM camp as way of explanations. For almost a month now all their major leaders are keeping a very low profile, and have not appeared in the daily talk shows, where they used to be a regular feature. So why is this change in practices and attitudes?
We know there are rumours that two major events may have taken places recently:
Arrest of some MQM activists in connection of Dr. Imran Farooq murder case. Despite the denials from MQM too many of mainstream Pakistani journalists and organisations have reported the capture of two at the airport on their return from Sri Lanka, and a further activists after the investigations of two suspects.
The mysterious sickness of Altaf Hussain as per MQM official line. Though at the moment this is the official version. The rumours of Altaf Hussain stopped from travelling to South Africa and place under an order or advice not to leave his resident without permission or informing the authorities, had been denied by MQM and also by the High Commissioner of Britain. This news is obviously cannot be confirmed at the moment.
Whatever the reasons, if Altaf has been put under restrictions or not one thing is certain, he would never be same again. Before the supporters of MQM agitate, let me explain why I have formed my opinion.
Whatever happens in the case from now on, Altaf Hussain is history. He wouldn't ever be the same again, and wouldn't be able to issue any Public orders from the UK which could cause death and destruction in Karachi. If he does, the British with Pakistani backgrounds in the UK would report him; they may decide to register a case against him in a Police Station under Prevention of Terrorism Act 2005. Under the ACT an order can be placed on AH and MQM.
The above two sections of the Act could prohibit Altaf Hussain of having associations with his Rabta Committee members including restrictions on access to his place of residence or visiting the Central office in North London.
It seems these two conditions are already in place on Altaf, I don’t think under the act but for the investigation of the Murder Charges, the Police can request such order from a Magistrate.
Under these two conditions, the working of the Central Office would be redundant, even though if the rumours to be believed the central office is already searched under the power of investigation for the murder of Dr. Imran Farooq, but even in the future, if this order is placed on Altaf Hussain, then the working of central office or any other office MQM opens for the purpose would be made redundant.
It gives the power to use electronic surveillance methods and also to place a tag on his body, usually ankle, to monitor the movement of the person placed under order. I explained that when the British High Commissioner spoke that there is restriction on his movement. He meant that, until and unless a court order is placed officially there are no restrictions on AH movement, but police has the right to ask the suspect not to leave the area without informing them.
This is once again another way the movement is restricted, some criminals and now even some of those who claim political asylum and their applications are under consideration, are asked to report to Police Station or in case of Political Asylum seekers to report to alternative venues every day.
Now the definition of the terrorism related activities,
AH is constantly in contravention of this condition through his speeches and ranting, issuing threats etc.
The condition is not only that the act actually happened but if intends were there even then a breach happens.
Even the speeches, which are full of bravado and rhetoric but could or resulted in violence, would be covered.
At the moment MQM and AH had got away from the implications of this and other ACTS on the ground and excuses that the charges against them are false, and in Pakistan charges are framed against the opposition because of political reasons and there is no truth in the allegations. He obtained the British Nationality under the same excuses; otherwise, there is a condition that those who commit crimes domestically or overseas could be denied the British Nationality. This is the only way the Secretary of State could have over come the condition for the grant of the nationality to AH.
But once the case is proven by Met Police against AH and MQM for the murder of Dr. Imran Farooq , this excuse could not be used by AH and MQM. They cannot blame the British to be political biased against AH and MQM.
In the above act one may say it only mentions the UK and not the foreign countries, therefore, AH and MQM can get away with it for the acts committed in Pakistan. It is not true in the first place because AH and MQM are involved in the murder of Dr. Farooq committed on British soil.
To deal with the foreign related terror and crimes we have The Terrorism Act 2000 and changes made to it in 2006.
I have also mentioned money laundering many times, the way MQM move the money around the national boundaries, under this act, not only the money laundering is prohibited but also the Government could confiscate the properties obtained from the money laundering.
Looking at the list, MQM had been involved in Murder, homicides, kidnapping and Abductions over the years.
The excuse that in Pakistan the charges are framed against the political opponents is no more valid now, therefore, MQM is history as much as UK is concern, if we to believe the rumours of the arrest of three people arrested in Karachi and the arrest or restriction on AH and the searches conducted on the offices and resident of MQM officials in the UK.
And once the precedent is set in the UK, MQM would also be banned in Pakistan, as ex chief of Election Commission of Pakistan explained in Pakistani Press. MQM would be on very thin ice, try to argue their case in the courts. How are they going to argue that the case in the UK was bias against them?
I am convinced that the implications are so vast that MQM could not escape the consequences this time. No wonder the leaders of MQM are keeping a very low profile, trying to figure out what to do next. But now they have no choice but to wait for the news from the UK. Their future acts, planning and policies are now depended on the actions of Met Police in London. The game is out of their hands at the moment.
We know there are rumours that two major events may have taken places recently:
Arrest of some MQM activists in connection of Dr. Imran Farooq murder case. Despite the denials from MQM too many of mainstream Pakistani journalists and organisations have reported the capture of two at the airport on their return from Sri Lanka, and a further activists after the investigations of two suspects.
The mysterious sickness of Altaf Hussain as per MQM official line. Though at the moment this is the official version. The rumours of Altaf Hussain stopped from travelling to South Africa and place under an order or advice not to leave his resident without permission or informing the authorities, had been denied by MQM and also by the High Commissioner of Britain. This news is obviously cannot be confirmed at the moment.
Whatever the reasons, if Altaf has been put under restrictions or not one thing is certain, he would never be same again. Before the supporters of MQM agitate, let me explain why I have formed my opinion.
Whatever happens in the case from now on, Altaf Hussain is history. He wouldn't ever be the same again, and wouldn't be able to issue any Public orders from the UK which could cause death and destruction in Karachi. If he does, the British with Pakistani backgrounds in the UK would report him; they may decide to register a case against him in a Police Station under Prevention of Terrorism Act 2005. Under the ACT an order can be placed on AH and MQM.
Power to make control orders
(1)In this Act “control order” means an order against an individual that imposes obligations on him for purposes connected with protecting members of the public from a risk of terrorism.
Section (4) Those obligations may include, in particular—
(d) a restriction on his association or communications with specified persons or with other persons generally;
(e) a restriction in respect of his place of residence or on the persons to whom he gives access to his place of residence;
The above two sections of the Act could prohibit Altaf Hussain of having associations with his Rabta Committee members including restrictions on access to his place of residence or visiting the Central office in North London.
(g) a prohibition or restriction on his movements to, from or within the United Kingdom, a specified part of the United Kingdom or a specified place or area within the United Kingdom;
(h) a requirement on him to surrender his passport, or anything in his possession to which a prohibition or restriction imposed by the order relates, to a specified person for a period not exceeding the period for which the order remains in force;
It seems these two conditions are already in place on Altaf, I don’t think under the act but for the investigation of the Murder Charges, the Police can request such order from a Magistrate.
(k) a requirement on him to allow specified persons to search that place or any such premises for the purpose of ascertaining whether obligations imposed by or under the order have been, are being or are about to be contravened;
(l) a requirement on him to allow specified persons, either for that purpose or for the purpose of securing that the order is complied with, to remove anything found in that place or on any such premises and to subject it to tests or to retain it for a period not exceeding the period for which the order remains in force;
Under these two conditions, the working of the Central Office would be redundant, even though if the rumours to be believed the central office is already searched under the power of investigation for the murder of Dr. Imran Farooq, but even in the future, if this order is placed on Altaf Hussain, then the working of central office or any other office MQM opens for the purpose would be made redundant.
(n) a requirement on him to co-operate with specified arrangements for enabling his movements, communications or other activities to be monitored by electronic or other means;
It gives the power to use electronic surveillance methods and also to place a tag on his body, usually ankle, to monitor the movement of the person placed under order. I explained that when the British High Commissioner spoke that there is restriction on his movement. He meant that, until and unless a court order is placed officially there are no restrictions on AH movement, but police has the right to ask the suspect not to leave the area without informing them.
(p) a requirement on him to report to a specified person at specified times and places.
This is once again another way the movement is restricted, some criminals and now even some of those who claim political asylum and their applications are under consideration, are asked to report to Police Station or in case of Political Asylum seekers to report to alternative venues every day.
(5)Power by or under a control order to prohibit or restrict the controlled person's movements includes, in particular, power to impose a requirement on him to remain at or within a particular place or area (whether for a particular period or at particular times or generally).
(6)The reference in subsection (4)(n) to co-operating with specified arrangements for monitoring includes a reference to each of the following—
(b) wearing or otherwise using apparatus approved by or in accordance with the arrangements;
(c) maintaining such apparatus in the specified manner;
(7)The information that the controlled person may be required to provide under a control order includes, in particular, advance information about his proposed movements or other activities.
Now the definition of the terrorism related activities,
(9)For the purposes of this Act involvement in terrorism-related activity is any one or more of the following—
(a) the commission, preparation or instigation of acts of terrorism;
AH is constantly in contravention of this condition through his speeches and ranting, issuing threats etc.
(b) conduct which facilitates the commission, preparation or instigation of such acts, or which is intended to do so;
The condition is not only that the act actually happened but if intends were there even then a breach happens.
(c) conduct which gives encouragement to the commission, preparation or instigation of such acts, or which is intended to do so;
Even the speeches, which are full of bravado and rhetoric but could or resulted in violence, would be covered.
(d) conduct, which gives support or assistance to individuals who are known or believed to be involved in terrorism-related activity;
and for the purposes of this subsection it is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism generally.
At the moment MQM and AH had got away from the implications of this and other ACTS on the ground and excuses that the charges against them are false, and in Pakistan charges are framed against the opposition because of political reasons and there is no truth in the allegations. He obtained the British Nationality under the same excuses; otherwise, there is a condition that those who commit crimes domestically or overseas could be denied the British Nationality. This is the only way the Secretary of State could have over come the condition for the grant of the nationality to AH.
But once the case is proven by Met Police against AH and MQM for the murder of Dr. Imran Farooq , this excuse could not be used by AH and MQM. They cannot blame the British to be political biased against AH and MQM.
In the above act one may say it only mentions the UK and not the foreign countries, therefore, AH and MQM can get away with it for the acts committed in Pakistan. It is not true in the first place because AH and MQM are involved in the murder of Dr. Farooq committed on British soil.
To deal with the foreign related terror and crimes we have The Terrorism Act 2000 and changes made to it in 2006.
29 Consent to prosecution of offence committed outside UK
In section 117(2A) of the Terrorism Act 2000 (c. 11) and in section 19(2) of the Terrorism Act 2006 (cases in which permission of Attorney General or Advocate General for Northern Ireland required before DPP gives consent to prosecution), after “committed” insert “ outside the United Kingdom or ”.
I have also mentioned money laundering many times, the way MQM move the money around the national boundaries, under this act, not only the money laundering is prohibited but also the Government could confiscate the properties obtained from the money laundering.
Terrorist financing and money laundering
Part 5 62 Schedule 7 makes provision conferring powers on the Treasury to act against terrorist financing, money laundering and certain other activities.
93 Meaning of offence having a “terrorist connection”
For the purposes of this Act an offence has a terrorist connection if the offence—
(a) is, or takes place in the course of, an act of terrorism, or
(b) is committed for the purposes of terrorism.
SCHEDULE 2 Offences where terrorist connection to be considered
Common law offences
Murder.
Manslaughter.
Culpable homicide.
Kidnapping.
Abduction.
Statutory offences
An offence under any of the following sections of the Offences against the Person Act 1861 (c. 100)—
(a) section 4 (soliciting murder),
Looking at the list, MQM had been involved in Murder, homicides, kidnapping and Abductions over the years.
The excuse that in Pakistan the charges are framed against the political opponents is no more valid now, therefore, MQM is history as much as UK is concern, if we to believe the rumours of the arrest of three people arrested in Karachi and the arrest or restriction on AH and the searches conducted on the offices and resident of MQM officials in the UK.
And once the precedent is set in the UK, MQM would also be banned in Pakistan, as ex chief of Election Commission of Pakistan explained in Pakistani Press. MQM would be on very thin ice, try to argue their case in the courts. How are they going to argue that the case in the UK was bias against them?
I am convinced that the implications are so vast that MQM could not escape the consequences this time. No wonder the leaders of MQM are keeping a very low profile, trying to figure out what to do next. But now they have no choice but to wait for the news from the UK. Their future acts, planning and policies are now depended on the actions of Met Police in London. The game is out of their hands at the moment.
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