The Islamabad High Court (IHC) Monday summoned an official of Interior Ministry regarding a petition of Jamiat Ulema-e-Islam - Fazl (JUI-F) challenging the government's decision of banning its volunteer group Ansar-ul-Islam.
A single bench of IHC comprising Justice Athar Minallah directed the official to appear before the court on Tuesday (today) and explain how the federal government could ban an organization that does not exist on papers. The IHC bench issued these directions while hearing the petition moved by JUI-F through its counsel Kamran Murtaza Advocate.
It was October 24 when the federal government authorized the provinces to take appropriate actions against Ansar-ul-Islam, saying that it is capable of functioning as an "armed wing of the organization." During the hearing, Justice Athar observed that the notification of the federal government to ban Ansar-ul-Islam, a subsidiary group of JUI-F, was "anfractuous."
The JUI-F counsel Kamran Murtaza informed the court that while JUI-F was registered with the Election Commission of Pakistan (ECP) as a political party, Ansar-ul-Islam was not a 'private militia' as said by the government but a subordinate of Jamiat-e-Ulema-Islam (JUI) that has been operating since the era of Quaid-e-Azam Muhammad Ali Jinnah.
At this, the IHC bench remarked if it is a political party then the notification of Interior Ministry to ban Ansar-ul-Islam group was infructuous. The court said that the Ansar-ul-Islam group members were holding sticks on which the JUI-F's counsel said that the sticks were part of the flags.
The counsel informed the court that the federal government had issued the notification without giving an opportunity to Ansar-ul-Islam to be heard.
At this, the Chief Justice questioned how the federal government could ban an organization that does not legally exist.
The petition of JUI-F said, "Out of fear of the protest of petitioner party gaining momentum due to its genuine demands and grievances, the incumbent regime has actively started a vicious campaign against the petitioner party by using various methods to suppress the voices of petitioner party and to stop the protest/Azadi March from even starting."
The petition said that the government is using state institutions such as Pakistan Electronic Media Regulatory Authority (PEMRA) to issue verbal instructions to media houses to completely ban transmission or reporting of speeches of JUI-F leaders while the government officials/office holders are openly threatening the use of force to stop and disperse the protesters or trying to bring its leaders into custody of the National Accountability Bureau under the garb of accountability. It added that the government is also trying to spread panic among the public to stop them from participating in the JUI-F's "Azadi March" by issuing a threat alert through the National Counter Terrorism Authority, claiming that there is a threat of attacks.
The petition maintained that no show-cause notice was issued to the petitioner or Ansar-ul-Islam prior to issuance of "impugned notifications" as such the right of hearing was denied.
According to the petition, the JUI-F is registered with the Election Commission of Pakistan and in the party's constitution submitted to the Commission; Ansar-ul-Islam is also mentioned. It argued that the current usage of the Private Military Organizations (Abolition and Prohibition) Act, 1974 is a textbook example of how this legislation can be used as a tool to silence dissent and protests by any peaceful organization with no relation to criminal or terrorist activities.
Copyright Business Recorder, 2019
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