UK court extends Altaf Hussain’s bail; trial begins on June 1, 2020

Author: Majid Khattak

The bail for Muttahida Qaumi Movement (MQM) founder Altaf Hussain, in the incitement to violence case against him, was extended on Friday after he appeared before a judge via video link at London’s Central Criminal Court for the initial hearing of his incitement speech case.

The Scotland Yard has charged Altaf with offences related to encouraging terrorism under the Terrorism Act 2006 for speech he made from London to his supporters in Karachi.

Flanked by around two dozen of his UK-based supporters, the leader arrived at the Old Bailey as a defendant in the case. Inside the court, Justice Sweeney confirmed Altaf Hussain’s bail with the same previous conditions and set June 1 2020 as the trail date. However, a preparatory trail will be held on March 20, the purpose of which will be to identify issues which are likely to be material to the verdict of the jury and assist in their comprehension of any such issues.

Altaf Hussain appeared in a good mood and was making victory signs to his supporter while leaving the court. Under the English law, being a criminal case the prosecution must prove its case against Altaf and it is not for him to prove that he is innocent but for the prosecution to prove he is guilty. To prove that a defendant is guilty the prosecution must prove its case beyond reasonable doubt (often referred to as making the Magistrates or District Judge ‘satisfied so that they are sure’ of the defendant’s guilt).

The London Metropolitan Police case is based on MQM supremo inciting violence in Karachi on August 22, 2016 by addressing his supporter from London to close the media offices. As a result of his speech, activists clashed with police and ransacked a private television’s station in violence which left at least one man dead and seven others injured. Pakistani authorities provided help to the British officials in the investigation against Altaf Hussain for his speech to its supporters in Karachi.

Altaf’s British passport is currently in custody and if convicted by the court, he would face up to 15 years of imprisonment.

According to Section 1(2) of the Terrorism Act 2006: A person commits an offence if-(a) he publishes a statement to which this section applies or causes another to publish such a statement; and (b) at the time he publishes it or causes it to be published, he- (i) intends members of the public to be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate acts of terrorism or convention offences; or (ii) is reckless as to whether members of the public will be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate such acts or offences.

Under Section 1(7) of the same act, a person found guilty of an offence under this section shall be liable (a) on conviction on indictment, to imprisonment for a term not exceeding [15 years] or to a fine, or to both; (b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.

The court last month had granted him bail based on conditions, which include restrictions to broadcasting speeches, a curfew which limits his movements outside his residence, a warning against application for a travel permit and the custody of his passport to police.

The conditions will remain in effect while he is on bail.

This is the first time the MQM supremo has been charged with any offence in the United Kingdom, where he has been living in self-imposed exile since 1991. The move comes as a blow to the party, which has maintained that Altaf is innocent and that the allegations against him are fabricated.

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