CAN ALTAF HUSSAIN BE TRIED FOR TELEPHONIC THREATS?
‘Can someone like (Altaf Hussain) be tried under Race Hate crimes in Britain, (keeping in view his inflammatory speeches asking people to sell jewelry and buy arms), exporting violence and terrorism to Pakistan’,
Senior British lawyer Amjad Malik responds :He said, “I must say that if some one in Britain used his oratory in a negative way and target his audience to create hatred against any other class in that society which results in violent activities against those group or community and/or results in killings and entails acts committed at any time as part of a widespread or systematic attack directed against any civilian population with knowledge of the attacker including offences such as murder, blackmailing, targeted killing in revenge and to create terror, torture, rape, severe deprivation of liberty, enforced disappearance of persons, damage to property or Genocide, Terrorist activities, or Organised crimes to advance political aims, or he incites racial and religious hatred by using threatening, abusive or insulting words or behaviour, or disorderly behaviour the answer is yes, that person may be investigated and later charged under s. 18 of Public Order Act 1986 and further for using threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays any writing , sign or other visible representation which is threatening, abusive or insulting under s.4(a) Public Order Act 1986.
In my opinion those oratory intimidation and criminal behaviour will be considered racially aggravated offences if racially motivated under s.28(1)a of hpw Crime and Disorder Act 1998 which confirms ‘that at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victims membership or (presumed membership) of a racial group; or b) the offence is motivated (wholly or partly) by hostility towards members of a racial group based on their membership of that group’. Incitement for racial hatred is similar to incitement of race and religious hatred which we see under s.29a and b) of Racial and Religious Hatred Act 2006.
I will give example the case of Abu Hamza here as an example as in similar situation one can be investigated by UK police under Police and Criminal Evidence Act and may be asked to attend an interview under caution to see if there is a satisfactory response to the allegations of incitement to racial hatred and as a result of that investigation may be charged by the State if there is sufficient evidence to prosecute and one can be tried in UK under existing national laws, and if one is foreign national and/or naturalized, he can be stripped off his nationality and may be extradited to the State where he originally belongs and where those crimes actually take effect subject to some conditions and human rights provisions.
In all circumstances Britain will offer a fair trial to the accused”. There is a possibility that Altaf Hussain and his gang might be extradited to Pakistan under Interpol ‘Red Warrant’.