IHC CJ observes notification to ban Ansar ul Islam is infructuous

ISLAMABAD: (Urdu Point/Pakistan Point News-Oct 28th, 2019) Islamabad High Court Chief Justice Athar Minallah on Monday observed that the notificataion of the Federal government to ban Ansar-ul-Islam--subsidiary group of Jamiat Ulema-e-Islam-Fazl (JUI-F) was infructuous.

The Chief Justice gave these remarks while hearing a petition challenging decision of the PTI-led government in which Ansar-ul-Islam group was banned.

Chief Justice summoned interior ministry to explain how the federal government could ban an organization that does not exist on paper. During the proceedings, JUI-F counsel Kamran Murtaza informed the high court that while JUI-F was registered with the Election Commission of Pakistan (ECP) as a political party, Ansarul islam was not a ‘private militia’ as said by the government but a subordinate of Jamaat-e-Ulema-Islami (JUI) that has been operating since the era of Quaid-e-Azam Muhammad Ali Jinnah.

At this, the CJ remarked: " if it is a political party then the notification of interior ministry to ban Ansar-ul-Islam group wasa infructuous,". The CJ 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 a notification without giving an opportunity to Ansarul Islam to be heard. At this, the CJ questioned that how the federal government then could ban an organisation that does not legally exist. “What happens if the Ansarul Islam workers wear a white dress instead of khaki?” the CJ asked as he questioned the technicality of the notification. He remarked that the interior ministry should have sought an explanation from the party over it and adjourend the hearing till tomorrow.

Just a day before, JUI-F challenged the government’s decision of banning its volunteer group, Ansarul Islam, before the Islamabad High Court (IHC). On Oct 24, the federal government asked the provinces to take approperiate action against JUI-F's subordinate group, Ansar-ul-Islam citing the reason that it could function as an "armed wing of the organization".

In its petition, the JUI-F said that the government started vicious campaign against it after it announced Azadi March against the government. It said that the government was using various methods to supress the voices of petitioner party and to stop Azadi march which was thier constitutional right.

The party also questioned such government actions as using state institutions such as the Pakistan Electronic Media Regulatory Authority (Pemra) to issue verbal instruction to media houses to completely ban transmission or reporting of speeches of JUI-F leaders and the government officials/office holders openly threatening the use of force to stop and disperse the protesters or trying to bring its leaders in to custody of the National Accountability Bureau under the garb of accountability. The government, it stated, was also trying to spread panic in the public to stop them from participating in the JUI-F’s “Azadi March” and no show-cause notice was issued to the petitioner or Ansarul Islam prior to issuance of “impugned notifications”, as such the right of hearing was denied. JUI-F prayed the court to stop the governnment from starting vicious campaign against it and set aside the ban recently imposed on Ansarul Islam.