The BBC report that alleges that the MQM has been receiving funds from India, has opened a whole new Pandora’s Box for party chief Altaf Hussain, who already faces money laundering charges in the UK.

The report claims that the party has been receiving financial assistance from its neighbouring rival, and that its workers obtained weapons training there.

However, there is still a lot more to do before a case can be prosecuted on the basis of these claims and the burden of proof, as they say, remains on the plaintiff. To understand some of the legal nuances attached to this incident, Dawn spoke to former law minister and Supreme Court lawyer Dr Khalid Ranjha.

Q: Do you think the BBC’s report will have any impact on the cases against the MQM chief?

A: Merely mentioning that a crime has been committed doesn’t matter much in the legal realm; what does matter is what one can prove. The report says nothing new; British authorities have already charged Mr Hussain with money laundering and it is known that he stands accused of possessing money beyond his known sources of income. These latest ‘revelations’ seem to me to be shots in the dark because nothing concrete has been offered so far.

Q: Can news reports be used as evidence in a court of law?

A: Legally speaking, a story based on anonymous sources carries absolutely no weight in a court of law. Whatever charges the BBC reporter has levelled against the MQM and it leaders are just simply part of a narrative, meant for the consumption of the masses.

One needs witnesses, either in the form of personal accounts or legally verifiable documents, to prove a claim. Until that happens, neither government can take action against Mr Hussain and his party over these allegations. Since the interior ministry has formally decided to investigate the accusations and has asked UK to supply material evidence in this regard, only time will tell how authentic the story really is.

If the government of Pakistan can provide documentary proof or present witnesses who will testify that the MQM or its leadership had received money from sources not covered under the law of the land, a case can always be filed. The charge of receiving funds from an enemy country is quite serious and, if proven, can land Mr Hussain and his party in serious trouble. But all this has to be proven in a court of law.

Q: What impact will the report have on the MQM as a whole?

A: In politics, perception matters and the media narrative plays a major role in shaping public opinion. The MQM has been facing these charges for quite some time and such claims surely strengthen the negative perception attached to the party. However, accusations against political parties are not new in our part of the world. For example, the Jamaat-i-Islami in Bangladesh had always been accused of taking money from India to create disturbances in the country. In our country, we hear stories of various entities receiving financial assistance from Saudi Arabia and Iran day in day out, but I don’t recall any cases being filed based on these reports.

Published in Dawn June 27th, 2015

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