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New Post has been published on http://www.newsnish.com/international/muttahida-senator-granted-protective-bail-in-hate-speech-case/

Muttahida senator granted protective bail in hate speech case

Muttahida Qaumi Movement senator Syed Tahir Hussain Mashhadi was granted a protective bail by the Sindh High Court in a case registered against him and others under antiterrorism laws for listening to Altaf Hussain’s speech criticising the military establishment.

Earlier MQM leaders Rauf Siddiqui, a former home minister, and Khalid Maqbool Siddiqui, a former federal minister, were given protective bail by the SHC in identical cases.

A division bench headed by Justice Mohammad Ali Mazhar gave Senator Mashhadi protective bail for 10 days in the sum of Rs100,000.

The MQM senator, represented by Advocate Farooq H. Naek, had moved the court for protective bail in a case (FIR 222/2015) registered at the New Town police station under Sections 120-A-B, 121, 122, 123-A, 109/34 of the Pakistan Penal Code, Section 25-B of the Telegraph Act read with Section 6/7 of the Anti-Terrorism Act.

Advocate Naek said it was alleged in the FIR that the MQM chief was addressing a gathering organised by the MQM coordination committee over telephone where the party leaders including his client were sitting and listening to his address.

He said Senator Mashhadi was neither a member of the party’s coordination committee nor he attended the gathering. The counsel said his client was implicated in the case to humiliate, harass and arrest him. Apprehending MQM leader’s arrest, the counsel requested the court to grant him protective bail to enable him to surrender before the trial court and face charges against him.

The FIR against the MQM chief and other party leaders was lodged by complainant Fazal Haq, who said that Altaf Hussain made slanderous remarks about the military establishment and other national security agencies in his speech, which hurt his feelings.

The complainant also alleged that the MQM chief conspired and instigated his workers against the security agencies. Meanwhile, the same bench extended till Aug 6 the protective bail granted to Rauf Siddiqui in identical cases against him. Mr Siddiqui was first granted protective bail in a case on July 16.

Later, he was granted protective bail for 10 days in four more identical cases registered at the Gadap (FIR 84/15), Malir Cantt (54/15), the Superhighway (352/15) and Quaidabad police stations in the sum of Rs20,000 each.

The bench also directed the Sindh police chief to submit a report showing that how many identical FIRs were registered against the former home minister. The MQM leaders were named in different FIRs by private complainants, who alleged that the applicants had attended a public gathering and listened to the MQM chief’s outburst against the security agencies.

Their counsel, Advocate Mehmoodul Hasan, had contended that no case was made out against the MQM leaders as no specific charges were levelled against them. The counsel said his clients apprehended arrest in the cases before they could appear before the trial court for their defence.

He said the MQM leaders wanted to appear before the trial court to face the charges against them and asked the SHC to grant him protective bail.

Khalid Maqbool Siddiqui was given protective bail in the case (FIR No 54/2015) registered at the Malir cantonment police station under Sections 120-A-B, 121, 122, 123-A, 505 and 109 of the Pakistan Penal Code, Section 25/D of the Telegraph Act read with Section 6/7 of the ATA.

Advocate Hasan said the precise allegation against the MQM leaders was that the party chief was addressing a function organised by the MQM coordination committee on telephone where the applicant was sitting as a committee member and listening to his address in which an objectionable statement was given.

He contended that various other people who were also sitting and listening to the speech were also named in the FIR, but no direct or incriminating role was attributed to them. The counsel said the applicant wanted to surrender before the trial court, but he apprehended his arrest, therefore, he approached the court to seek protective bail.

The complainants in the cases stated that the MQM chief criticised the government and the country’s security agencies, and his slanderous remarks hurt their feelings.

Mr Hussain had delivered a speech accusing the paramilitary forces of torturing and killing his party workers.

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