LONDON: In a major setback to Muttahida Qaumi Movement supremo Altaf Hussain, a UK high court judge ruled on Monday that his former loyalists who now represent MQM-Pakistan were successful in their claim to seven properties held on trust by the party.

The ruling, which came after a dramatic court battle that saw the MQM founder come face to face with his rivals, effectively leaves Mr Hussain without a claim to the properties, which includes the Edgeware house he lives in.

At a press conference held late on Monday, Mr Hussain said he would appeal the decision that he dubbed “one-sided and disappointing”. “It is unfortunate that during the trial, our point of view and evidence was ignored,” he said.

On the other hand, MQM-P hailed the “landmark” decision, calling it the victory of the “party’s narrative”.

MQM-P calls London court decision win for party narrative; exiled leader vows to challenge ‘one-sided’ ruling

The case was initiated when a claim was brought against Mr Hussain and others in 2020 by federal minister for IT and Telecommu­nications Syed Aminul Haque and centered on which of the MQM factions is the ‘true MQM’ and therefore a beneficiary of the multimillion-pound property portfolio.

ICC Judge Jones of the Business and Property Court of England and Wales in his decision said, “MQM-P is MQM and its members are the beneficiaries of the trust. It has not been established that the 2015 Constitution [claimed by Mr Hussain] was adopted and on the balance of probability it was not. The April 2016 Constitution [claimed by MQM-P] was adopted. As on August 23, 2016, Mr Hussain stood down from any role in or involvement with MQM-P. Whether temporarily or permanently that did not alter before his expulsion from MQM-P when he formed a new association operating from London.”

The hearings, which took place from November 2022 to January 2023, revolved around a claim to six properties plus the proceeds of the sale of a seventh – all of which are held on trust for MQM. In September 2020, Mr Aminul Haque initiated a claim to these properties as a representative of MQM-P, with an aim to remove the current trustees and to recover trust assets and rental income.

The crux of the claim brought by Mr Haque concerns the operation of MQM and its constitutional history. The judge noted that the roots of the claim date back to what occurred after a speech by the MQM founder on August 22, 2016. He said the speech resulted in unrest, and was followed by intervention by the authorities amidst scenes of violence, adding that the next day Mr Hussain publicly apologised, stating that he would step away from any active involvement with the MQM.

Mr Hussain’s case was that for the purpose of its registration as a political party “wrongly notified” the Ele­c­tion Commission of Pakis­tan that MQM had changed its name to MQM-P.

The judgement noted that there are two issues at hand: whether MQM is now known as MQM-P or is a separate unincorporated association; and if MQM is now known as MQM-P, whether those now in control are acting unconstitutionally because they should be bound by the 2015 Constitution and their purported authority stems from the unconstitutional actions of those who seized control and instigated the purported adoption of the 2016 Constitution after the August 2016 apology of Mr Hussain.

The judge observed there was “considerable tension between the two sides” with accusations within the evidence of “serious misbehaviour and betrayal” within a setting of deep political commitment.

“Nevertheless, it is important to observe that the findings of this judgment are based on the evidence of relevant fact before this court not upon matters of argument, political or otherwise. In addition, that this judgment is concerned with a claim in respect of trusts of land within this jurisdiction. It is not concerned to resolve historical or current disputes concerning politics in Pakistan…”

The judge noted that it was quite clear that until August 23, 2016, the membership considered Mr Hussain to be their “father”, “the ideologue and a founder who received genuine and intense respect”.

“Whilst Mr Altaf Hussain’s evidence emphasised the importance of the manifesto and its potential supremacy for members over the relevance to them of the Constitution, he plainly and correctly recognised the Constitution was the rule book for this unincorporated association,” the judgement noted.

It said the actions of Mr Hussain evidence he recognised the MQM could operate without him.

The judge specifically noted that it was clear that Mr Hussain “holds the suffering his supporters have sustained at the forefront of his mind”, but also noted that that is not relevant to the issues before the court.

On the other hand, MQM-P hailed the UK court’s decision calling it the victory of the “party’s narrative”.

While talking to reporters at the party office in Karachi’s Bahadurabad, MQM-P convenor Dr Khalid Maqbool Siddiqi said, “The UK court’s decision is proof that MQM-Pakistan is the only real MQM.”

“These properties belong to our martyrs and they would be used for the welfare of the people, including litigation for martyrs, the welfare of their families, litigation of our missing and captive workers,” he said.

Imran Ayub from Karachi also contributed to this report

Published in Dawn, March 14th, 2023