Kamal Allegations: Question Of Fact?

Kamal Allegations: Question Of Fact?

Joint venture of Mustafa Kamal and Qaim Khawani making allegations on Altaf Hussain and MQM for being involved with RAW, opens a new challenge for the government. The silence of the government is giving rise to questions; is the monarchy of Karachi still in the hands of MQM? The demand by Imran Khan to establish a Judicial Commission for the investigation is just. The question of fact is why governments of Musharraf, PPP and now PML (N), have been ignoring this matter for so long. The operation of security forces in Karachi should be questioned this: did they find any evidence regarding MQM involvement with RAW? These allegations are not new, which has also been acknowledged by every Leader of the Opposition or the Government. PPP, the ruling party of Sindh, has also zipped it lips regarding the issue. Establishment of a Judicial Commission is not a drawn-out process but the issue is how and what the evidence is which would be established in the court of law. On the other hand the joint-venture didn’t demand any kind of inquiry or investigation, nor did they lodge any FIR against the party even though they imposed such serious allegations.

From the legal point of view these allegations have severe effects on the writ of state. Section 15 of the Political Parties Order 2002 clearly indicates that if the federal government is satisfied that a political party is foreign-aided and aims to harm sovereignty and integrity of Pakistan, then the federal government has power to ban the party and refer the matter to the Supreme Court within fifteen days, where the reference of the Supreme Court shall be final. If the security forces operating in Karachi, or if Kamal and Qaim Khawani establish any evidence in the court of law, then the matter will be pursued in the context of international law whereby Chapter VII of the UN Charter entails that every state has a duty to refrain from organising, instigating, assisting or participating in terrorists acts in another State, or acquiescing in organised activities within its territory directed towards the commission of such acts. These efforts were continued through the Resolutions of 1999, 2001 and 2005 subsequently. If the basis of evidence can been established then no one can stop Pakistan to take the Indian government to the international court of law. The involvement of RAW in Balochistan is another question of fact. We are confronting Indian brains with guns; why we are not going for the legal fight?

There is no extradition treaty or any mutual legal assistance between London and Islamabad to bring Altaf back. However, on the basis of the evidence the matter can be pursued in the courts of United Kingdom. The only thing which is of utmost attention is the seriousness of the government regarding the question of fact as to how Indian brains are destabilizing Pakistan and what are the available remedies.

 

The views expressed in this article are those of the author and do not necessarily represent the views of CourtingTheLaw.com or any organization with which he might be associated.

M Jahanzeb Butt

Author: M Jahanzeb Butt

The writer is an Islamabad based lawyer and lecturer at Bahria University, Islamabad.