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Thursday, July 9, 2015

Rangers` Allegations & the Resulted Prosecution__Not A Rape Of Justice?

Recently, the Pakistani media, based on the press release from the Rangers, reported that the MQM`s election cell member Umair Siddiqui was recognized by a witness in the murder of a Rangers personnel killed in December 2010 (near the same area where the religious extremists attacked and killed 45 Ismaili Muslims).
According to the Rangers, Umair was arrested on March 11 during the raid at MQM`s head office, Azizabad. Rangers further claimed that he had confessed many crimes including the murder of MQM`s leader Amir Khan`s nephew, Baldia factory fire, dumping of weapons at “90” (http://www.thenews.com.pk/Todays-News-13-36419-Umair-Siddiqui-admits-killing-120-people-Rangers)
However, the reality seems to be very different.
Rangers` Lie About The Arrest

Umair Siddiqui, branded as a target, rather mass killer, was actually taken into custody by the Rangers on 15 February, i,e., about one month before the Rangers officially disclosed his arrest. (http://www.mqm.org/urdunews/18229 & http://www.thenews.com.pk/Todays-News-4-301888-MQM-condemns-activists-detention) In other words, Umair was kept in an illegal custody for a month by the Rangers which is sheer the violation of the prevailing laws of the land and exposes  the ill-intention of the sub-force of Army. Question is, if he was really wanted by the Rangers, he could have been produced before the court immediately after the arrest, why was his arrest hidden from the court as well? Was that not contempt of court by the Rangers? 
Misuse of Blind FIR`s   

As a normal practice adopted by the investigating agencies all over the world, whenever a crime (murder, for example) takes place, they try to contact the witness, if any, so as to draw a sketch and release it to the public for assistance in the case. However, in the Rangers` personnel case (Lance Naik Shaukat killed in December 2010), no sketch was drawn and released to the media. Even the police registered its first interrogation report (FIR) against the unknown/unidentified killer which clearly means that there was no witness to the case.
However, now the Rangers claim that a (an unknown) witness has recognized Umair as the main killer in an identification parade. How strange it seems that on one hand, there was no one to help the Police/Rangers even to draw a sketch of the killer, but after about five (5) years someone comes and very accurately identifies Umair as the same killer?
Controversial Identification Parade

It should also be noticed here that the “witness” identified him after the entire Pakistani media had kept on painting Umair Siduqi (by showing his photo) as a target killer for about three (3) months not only in the news bulletins, but also in the talk shows. Question is, after a systematic media campaign branding him as the real culprit, does his identification by a person (presented as witness by the Rangers) not legally become questionable? (http://www.thefrontierpost.com/article/317196/eyewitness-identifies-mqm-s-umair-in-murder-case)
The Story of Depositing Weapons at “90”


Another charge that the Rangers leveled on Umair was of having killed one hundred and twenty (120) people and then depositing the used weapons at MQM`s head office in order to avoid any raids by the police & Rangers. However, the weapons that Rangers had seized from “90” were not only legally licensed (as MQM provided the licenses for them), but also, as per the forensic examination by the police, had never been used in any sort of crimes in the city. This badly weakens the Rangers allegations on Umair.
Murder of Amir Khan`s Nephew

Similarly, Umair was also blamed for the murder of Amir Khan`s (MQM leader) nephew. However, Amir Khan, after his release, denied all the allegations put on MQM. Now, question is, when Amir Khan, not only as the MQM`s leader (representing the party), but also as the complainant (uncle of his deceased nephews) in the murder case has altogether rejected all sort of allegations on MQM`s leaders and workers, what is the credibility left in the Rangers` claims anymore??
Baldia Factory Fire Charge

One of the most high profile allegations on him was the involvement in the Baldia factory fire incident in which about 258 got burnt alive.
It is on record that a tribunal was constituted in order to probe the causes of the factory fire. The tribunal submitted its report to the Chief Minister Sindh and Home department saying, An electrical short-circuit may have been the initial cause of the Baldia garments factory that claimed the lives of more than 250 people but the “entire system” is responsible for the cause of deaths.”(http://tribune.com.pk/story/474798/baldia-factory-fire-short-circuit-all-of-karachi-to-blame-for-tragedy-says-tribunal/)
However despite the tribunal report in December 2012, the Rangers informed the Sindh High court in its report that an already arrested worker of MQM confessed in a JIT (Joint Interrogation Team of different agencies) report of June 22, 2013, that the factory was set on fire because the factory owner refused to pay the 200 million extortion money demanded from MQM`s office bearers.(http://www.dawn.com/news/1162049/rangers-report-blames-mqm-for-baldia-factory-fire)

The most interesting part of the said JIT was that the suspect Rizwan Qureshi had obtained all that information from someone else. In words, the “prime accused” neither himself set the factory on fire, nor did he witness anyone else doing the same. He just quoted whatever he had heard from the other person.
Question is, why did the JIT officials not confirm during the period (from June 22, 2013 to February 2015) if whatever the story Rizwan told them (if he really did so without any fear of torture) was true? Can making an unverified statement a part of their investigation (JIT) report be considered as legally credible specially in the scenario where the court has already released the suspect (Rizwan) on bail long ago due to not having concrete evidences against him? Furthermore, would the Pakistani authorities including the Rangers like to explain how a JIT report purely based on hear say (and which is still unverified) can be more reliable than that of the one from a facts finding tribunal?
Order To Arrest Even The Sympathizers

Very surprisingly, instead of reviewing their incomplete and unverified report, the DG Rangers ordered the arrest of those involved in the fire incident, as well as of their sympathizers. (http://www.dailytimes.com.pk/sindh/04-Mar-2015/certain-elements-interfering-in-baldia-factory-fire-investigation-rangers)
Question is, when it has not yet been concluded if there was any deliberation in the factory fire incident, was it logically justified to brand anyone as criminal and also order to arrest not only the named persons, but also their sympathizers?? 
Here, the DG Rangers did not clarify if the term “Sympathizers” would include all the people from his family & friends to the political party he worked for, or there would be any exception to it.

Anyway, after the orders from the DG Rangers Sindh, the Rangers and Police launched a crackdown against MQM and arrested dozens of its workers. Most of them were brutally tortured to accept their involvement in the fire incident as a result of which, one of them died in the custody.  
The post mortem report of the deceased Waseem Dehalvi, termed the police torture as the main cause of his death.(http://www.pakistantoday.com.pk/2015/06/04/national/mqm-workers-death-leads-to-three-police-suspensions/)
Considering the above-stated facts, can the allegations and the resulted prosecutions by the Rangers and Police anyhow be termed as legally fair and impartial against MQM?
Legality & The Real Aim Behind JIT on Factory Fire Incident

Babar Sattar is a famous lawyer and also known as an MQM`s critic. He wrote a column in Dawn (Game of Thrones) in which, though he criticized MQM, but clearly accepted that the JIT over Baldia factory was based on hear say. He said, “This JIT report has no evidentiary value for the Baldia case as Rizwan Qureshi’s (the suspect) statement is based on hearsay. Everyone must be presumed innocent until proven guilty and MQM is right in asserting that its media trial on the basis of such report is unfair”.
Mr. Sattar further wrote, “This latest JIT report will only be used as a bargaining chip by other players (Pakistani military establishment including ISI) to negotiate with the MQM before being forgotten”. (http://www.dawn.com/news/1163854/game-of-thrones). No doubt, the mounting pressure on MQM from the military establishment is proving his words true.

Umair Siddiqui`s case is not only one case at all. In fact, it is only a glimpse of what the MQM`s workers and leaders have been forced to face during the on-going Rangers-led operation in Karachi. According to MQM, thousands of its workers have been arrested, about 90 gone missing after their arrest and dozens were tortured to death by the police and Rangers in the process of accepting and publicly reading out the already written “confessional statements”.

The fabricated confession of MQM`s leader Amir Khan released by the Ranger (according to which he had accepted the involvement of MQM in so many crimes in the city (http://arynews.tv/en/mqm-leader-amir-khans-revelations-trigger-political-storm) is an undeniable evidence of how viciously the Rangers have been trying to criminalize MQM and its followers. 
Luckily, Amir Khan came out alive (got released on bail due to poor investigation) from the Rangers` custody and strongly denied all the allegations (http://www.mqm.org/urdunews/32110 & http://www.dawn.com/news/1191425/mqm-leader-amir-khan-released-from-karachi-central-jail). Otherwise, Rangers as well as the Pakistani media had almost branded him and his party terrorists in Pakistan.

It should be kept in mind that MQM emerged as a result of long-prevailing injustice against Muhajirs (Partition migrants) on ethnic basis for decades in Pakistan. But, instead of taking step to resolve their long-pending issues, ethnically-motivated victimization through the law-enforcement agencies against them has badly worsened the situation. Therefore, it is the need of the time to address the most sensitive issue and resolve it at the earliest. Otherwise, the retaliation from the affected people seems to be very imminent in the near future.

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