speech.
Now, many political quarters are also calling for prosecuting Altaf Hussain under Article 6 of the constitution of Pakistan. The KP and Balochistan provincial assembles have also approved resolutions to this effect. However, the federal government and the provincial government of Sindh have yet no adopted any hardline position against the MQM.
Ironically, the original issue, regarding the alleged involvement of MQM in anti-state activities, has been overshadowed by this saga. This is not the first time that fingers are being pointed at the MQM in the media. In the past, the MQM’s convicted worker Saulat Mirza and former interior minister Sindh Zulfiqar Mirza have also levelled almost similar allegations against the MQM and its chief.
Although the MQM has frequently been complaining about its media trial, it also readily uses the media to articulate and promote its political agenda all the time.
There is no denying the fact that the media has occupied a central role in the current MQM-establishment face-off. Now the media is also being used for formally indicting others. TV talk-show hosts and anchors on various TV channels can also be seen instantly giving their personal opinions on specific issues after ‘affording both sides an opportunity of being heard’ and explaining their point of view.
It is a rather paradoxical situation that the media has actively replaced the court of law as the forum for determining and ascertaining an allegation against any individual. Although both Zulfiqar Mirza and Saulat Mirza have levelled the gravest allegations against the MQM, yet what course the law has taken is not clear. The Sindh government has never bothered about formally conducting a probe to determine the truth or falsehood of these allegations.
In the eye of the law, an unchallenged oral statement has no evidentiary value. Legally, it was incumbent upon the Sindh government to reinvestigate in the light of Saulat Mirza’s latest statement once he had revealed new facts. He should have been required to duly make his statement on oath in a court of law. Similarly, the defence side should also have been provided a full opportunity to shake Mirza’s credibility. The constitution grants wide powers to the president of Pakistan to deal with similar situations by postponing the sentence of any individual until such controversies are legally resolved.
Political expediency should not override national interests. Administration of justice is the prerogative of the government. The media should only be used for debates and discussions on political issues. It is by no means an appropriate forum for the ultimate settlement of legal issues.
The writer is a Lahore-based lawyer.
Email: mohsinraza.malik@ymail.com
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