Al-Akhtar Trust moves SHC against sealing of offices
March 28, 2007
KARACHI: Sindh High Court on Tuesday issued notices to Attorney General of Pakistan, Advocate General Sindh, Ministry of Interior, National Crises and Management Cell and others on a petition challenging the sealing of Al-Akhtar Trust International’s offices by the government owing to United Nations Security Council’s resolution.
The activities of the trust were banned for its alleged links with Al-Qaeda and other terrorist organisations. The government sealed all offices of Al-Akhtar Trust across the country on February 18, 2007, in compliance with the UNSC resolution.
The trust’s Vice President Maulana Mohammad Ibrahim, questioning the legality of the government’s act of sealing its offices, contended that the police and law enforcement agencies suddenly launched crackdown while no show cause was issued and no reasons were attributed for this illegal act.
According to him, Al-Akhtar Trust is a registered welfare organization with no political affiliation, serving the needy people and also working for the rehabilitation of the people in draught, famine and flood affected areas.
Petitioner’s counsel Syed Sitwat Hussain contended that the respondents failed to specify reasons or give justification for their act, while police were forcing the office-bearers to surrender all vehicles of the trust or else strict action would be taken and all vehicles would be impounded.
He said the government action was capricious, without justification and taken in a haste without realizing the need and struggle of the petitioner trust for the poor and the needy people since the day of its inception.
He submitted that the exercise of power by respondents regarding action against the petitioner trust was beyond any justification as no notice was issued before illegal closure of the trust’s offices in accordance with the law of the land, adding that the government had violated the right of the petitioner as enshrined in the Constitution.
The counsel said the respondents were equally responsible for depriving all such widows and orphans from the medical and welfare activities being supported by the trust, as it had been rendered unable to help them after the imposition of the ban.
The court was prayed to declare the respondents’ action against the trust vis-a-vis sealing of its premises, offices and sub-offices as without lawful authority, void ab-initio and the same be set aside.
The petitioner also sought interim injunction for restraining respondents from taking any coercive action detrimental to the interest of Al-Akhtar Trust and seizing of its assets, including vehicles.
SHC’s division bench comprising Justice Amir Hani Muslim and Justice Mrs. Yasmeen Abbasey, after conducting preliminary hearing of the petition, issued notices to Attorney General, Advocate General Sindh and other respondents for April 10 and called their comments.
The government had earlier banned the trust activities following US invasion of Afghanistan on the directives of UN Security Council’s Sanctions Committee for its alleged links with some banned religious and political organizations and with the then Taliban government. The trust, however, was allowed to carry out relief work in earthquake affected areas of NWFP and Azad Kashmir in October 2005.
On May 12, 2003, the government froze the trust bank accounts — A/c No. 1961-48 in Habib Bank’s Shahnawaz Market Branch, Gulshan-e-Iqbal; A/c Nos. 5600105 and 650011-68 in HBL’s Bahadurabad branch; A/c 362313 in H.B AG Zurich’s main branch, Karachi; and A/c 1443-5 in Muslim Commercial Bank’s Gulshan Chowrangi branch.
The trust had earlier moved SHC against the government’s act of freezing its accounts and the petition is pending before the court. The government took the plea that freezing of Al-Akhtar Trust’s bank accounts involved determination of ìvery sensitive issue of state securityî in the context of prevailing national and international terrorism which could not be examined at this stage in the larger interest of the country.
It said the accounts were frozen keeping in view higher interest of the country on receipt of information from a friendly country. It was stated that the trust’s activities were linked with Taliban and Al-Qaeda networks.
The United States Treasury and UN body dispatched a letter to Pakistan government, asking them to freeze the accounts of Al-Akhtar Trust as it was operating to support the activities of Al-Qaeeda and Taliban in the garb of welfare association.
They alleged that it was involved in the killing of US journalist Daniel Pearl, mentioning that Maulana Masood Azhar of banned Jaish-e-Muhammad had announced to set up Al-Akhtar and Al-Khair trusts, which were working to aid Al-Qaeda and its militants.
The activities of the trust were banned for its alleged links with Al-Qaeda and other terrorist organisations. The government sealed all offices of Al-Akhtar Trust across the country on February 18, 2007, in compliance with the UNSC resolution.
The trust’s Vice President Maulana Mohammad Ibrahim, questioning the legality of the government’s act of sealing its offices, contended that the police and law enforcement agencies suddenly launched crackdown while no show cause was issued and no reasons were attributed for this illegal act.
According to him, Al-Akhtar Trust is a registered welfare organization with no political affiliation, serving the needy people and also working for the rehabilitation of the people in draught, famine and flood affected areas.
Petitioner’s counsel Syed Sitwat Hussain contended that the respondents failed to specify reasons or give justification for their act, while police were forcing the office-bearers to surrender all vehicles of the trust or else strict action would be taken and all vehicles would be impounded.
He said the government action was capricious, without justification and taken in a haste without realizing the need and struggle of the petitioner trust for the poor and the needy people since the day of its inception.
He submitted that the exercise of power by respondents regarding action against the petitioner trust was beyond any justification as no notice was issued before illegal closure of the trust’s offices in accordance with the law of the land, adding that the government had violated the right of the petitioner as enshrined in the Constitution.
The counsel said the respondents were equally responsible for depriving all such widows and orphans from the medical and welfare activities being supported by the trust, as it had been rendered unable to help them after the imposition of the ban.
The court was prayed to declare the respondents’ action against the trust vis-a-vis sealing of its premises, offices and sub-offices as without lawful authority, void ab-initio and the same be set aside.
The petitioner also sought interim injunction for restraining respondents from taking any coercive action detrimental to the interest of Al-Akhtar Trust and seizing of its assets, including vehicles.
SHC’s division bench comprising Justice Amir Hani Muslim and Justice Mrs. Yasmeen Abbasey, after conducting preliminary hearing of the petition, issued notices to Attorney General, Advocate General Sindh and other respondents for April 10 and called their comments.
The government had earlier banned the trust activities following US invasion of Afghanistan on the directives of UN Security Council’s Sanctions Committee for its alleged links with some banned religious and political organizations and with the then Taliban government. The trust, however, was allowed to carry out relief work in earthquake affected areas of NWFP and Azad Kashmir in October 2005.
On May 12, 2003, the government froze the trust bank accounts — A/c No. 1961-48 in Habib Bank’s Shahnawaz Market Branch, Gulshan-e-Iqbal; A/c Nos. 5600105 and 650011-68 in HBL’s Bahadurabad branch; A/c 362313 in H.B AG Zurich’s main branch, Karachi; and A/c 1443-5 in Muslim Commercial Bank’s Gulshan Chowrangi branch.
The trust had earlier moved SHC against the government’s act of freezing its accounts and the petition is pending before the court. The government took the plea that freezing of Al-Akhtar Trust’s bank accounts involved determination of ìvery sensitive issue of state securityî in the context of prevailing national and international terrorism which could not be examined at this stage in the larger interest of the country.
It said the accounts were frozen keeping in view higher interest of the country on receipt of information from a friendly country. It was stated that the trust’s activities were linked with Taliban and Al-Qaeda networks.
The United States Treasury and UN body dispatched a letter to Pakistan government, asking them to freeze the accounts of Al-Akhtar Trust as it was operating to support the activities of Al-Qaeeda and Taliban in the garb of welfare association.
They alleged that it was involved in the killing of US journalist Daniel Pearl, mentioning that Maulana Masood Azhar of banned Jaish-e-Muhammad had announced to set up Al-Akhtar and Al-Khair trusts, which were working to aid Al-Qaeda and its militants.
