Three Lord Justices of the UK Court of Appeal have mandated that the Muttahida Qaumi Movement-Pakistan (MQM-P) pay £65,000 (approximately Rs23.3 million) to MQM founder Altaf Hussain by July 30, 2024, for legal costs. Hussain won the appeal against MQM-P members who left him in August 2016.
The unanimous decision by the Court of Appeal’s Civil Division overturned an earlier ruling favoring MQM-P, ordering them to cover the costs of the appeal. Typically, courts require the losing party to pay the legal costs of the winners when the defendants oppose applications or petitions.
Additionally, the court has authorized the release of £77,760 to Hussain’s lawyer, which he had previously been ordered to deposit after a single judge ruled against him.
MQM spokesperson Mustafa Azizabadi stated that Hussain plans to file a claim exceeding £100,000 against MQM-P for the legal costs incurred during the initial trial before Insolvency and Companies Judge Jones.
Syed Aminul Haque, the MQM-P leader and the case’s claimant, confirmed compliance with the court orders, emphasizing that MQM-P is a law-abiding party. He asserted that despite the appeal’s outcome, the case is not concluded and will return to the lower court to resolve unresolved issues. Haque expressed confidence in winning again, stressing that the UK properties belong to MQM-P and will benefit their workers’ families.
The appellate court directed that the constitutional issue be sent back to the high court for further hearing by a different judge. The high court must determine if Haque, representing MQM-P, can prove that the amendments made to MQM’s constitution in 2016 were legitimate, giving him the standing to bring the claim.
The appellate court’s order specifies that the further hearing will consider the status of MQM-P’s constitution as of August 31, 2016, the impact of Hussain’s resignation on August 23, 2016, and the significance of events post-September 1, 2016. It acknowledges Haque as a representative entitled to bring the claim on MQM-P’s behalf.
Last week, three judges of the UK’s Court of Appeal overturned Judge Jones’ decision that awarded six London properties worth around £10 million to MQM-P. Altaf Hussain had argued that the initial judgment ignored key facts about how MQM-P leaders in Karachi had ousted him after his August 22, 2016, speech and his temporary relinquishment of powers.
Judge Jones had previously ruled that MQM-P, led by Haque and Khalid Maqbool Siddiqui, was the legitimate MQM and thus the rightful beneficiary of the London properties. However, the appellate judges, Lord Justice Arnold, Lord Justice Moylan, and Lord Justice Nugee, disagreed, stating that the constitutional legitimacy of MQM-P’s actions in 2016 needed to be addressed.
Altaf Hussain celebrated the appellate court’s decision, praising former accountability minister Shehzad Akbar for revealing that the case against him was initiated by the Pakistani state, with MQM-P acting as a tool. Hussain accused Barrister Farogh Nasim of conspiring against him by altering MQM’s constitution.
The Court of Appeal agreed with Hussain’s argument that without determining the constitutionality of MQM-P’s actions, the initial decision was flawed. The court also recognized that without examining the background events, it could not be concluded that Hussain stepped down as MQM’s leader and ordered an investigation into the claims of violence against MQM workers in August 2016.
