Islamabad: Islamabad High Court issued notices regarding the petition filed by Jamaat Ud Dawa Chief Hafiz Saeed on Friday.Saeed had challenged the presidential ordinance, which banned JuD for being on the watchlist of the United Nations, claiming it to jeopardise former’s sovereign rights.
He stated in the petition that he established JuD in 2002 and cut off all ties with the banned Lashkar-e-Taiba (LeT), though India continued to malign JuD for its past association with the banned outfit, as reported by the Dawn.
Further, founder of (LeT) claimed to be kept in detention in 2009 and 2017 due to India’s pressure. He added that the UNSC passed a resolution against JuD, after which the government of Pakistan kept it on the watchlist.
In February Pakistan president Mamnoon Hussain promulgated an ordinance amending the Anti-Terrorism Act, 1997, which proscribed terrorists and terror organisations listed by the United Nations Security Council (UNSC) to include Hafiz Saeed-linked JuD and Falah-i-Insaniyat Foundation (FIF) in the list.
As per the ordinance it amends Sections 11-B and 11-EE of the Anti-Terrorism Act, 1997 (XXVII of 1997). Section 11-B sets parameters for proscription of groups, whereas 11-EE describes the grounds for the listing of individuals.
Under Section 11-EE, the requirements were: “(a) concerned in terrorism; (b) an activist, office-bearer or an associate of an organisation kept under observation under section 11D or proscribed under section 11B; and (c) in any way concerned or suspected to be concerned with such organisation or affiliated with any group or organisation suspected to be involved in terrorism or sectarianism or acting on behalf of, or at the direction of, any person or organisation proscribed under this Act.”
Both sections would now include Sub-Section ‘aa’, according to which organisations and individuals “listed under the United Nations (Security Council) Act, 1948 (XIV of 1948), or” will be included in the First Schedule (for organisations) and Fourth Schedule (for individuals), respectively, on an ex-parte basis.
With respect to the promulgation of the ordinance, Saeed in his petition stated that the promulgation of the ordinance and addition of Section 11-EE is not only prejudicial to the sovereignty, but also contradictory to the fundamental rights enshrined in the Constitution of Pakistan. It adds that any law which is in violation of constitutional provisions is liable to be struck down.