A division bench of Lahore High Court here Monday ordered to quash FIRs of two criminal cases lodged against chief of the banned religious organisation Jamat-ud-Dawa (JuD), Hafiz Mohammad Saeed on the charges exhorting the Muslims to fight against USA, Israel, India and others forces of the world.
Bench while accepting his petition observed that law could not be utilised brutally in the name of terrorism adding that there is no option except to quash the FIRs against the petition. The bench also held that JuD was not a banned organisation but government acted against it like a banned organisation.
The bench further observed that a LHC bench had already held that JuD is not a banned organisation and any FIR could be ordered to quash, registered with mala fide intention or without jurisdiction.
The bench further observed that court had to give its verdict in accordance with the law and adding offence mentioned in the FIRs neither attract the ATA provisions nor any other provisions of any criminal law. The bench added although the organisation is under watch list of the government but it is not banned. But government treats it like a banned organisation, which law does not permit.
Earlier the law officer also informed the court that the organisation is not banned but under the law it is in watching list of the government. He said government had not banned the organisation but restricted some of its activities. Petitioner counsel AK Dogar stated before the court that a full bench of Lahore High Court on June 2, 2009 had ordered to release Hafiz Saeed in a habeas corpus petition.
He alleged that due to Indian pressure the FIRs were registered against the petitioner on the ground that he delivered a fiery speeches inviting people to teemed up to launch Jihad (holy war) against USA, Israel, India and other forces because they are conspiring to destroy Pakistan's nuclear assets.
He said cases had been registered under the provision, which is not attracted in the case because JuD is not a proscribed organisation. Dogar said that the FIRs had been registered after 19 days of the so-called occurrences which speaks of deliberations and preparation of a scheme for involving the petitioner to appease India and requested to quash both the cases.
The two cases were lodged against Hafiz Saeed at the Police Station, Peoples Colony on September 16, 2009 under section 11-F (4) of the Anti-Terrorism Act. The second FIR under the same section and same date was lodged in the jurisdiction of Madina Town police station, Faisalabad.
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