ASWJ candidate’s plea to defer NA-258 by-poll dismissed

The Sindh High Court (SHC) on Friday dismissed an application, filed for urgent hearing by a candidate of the proscribed Ahle Sunnat Wal Jamaat (ASWJ), to postpone by-election on the national assembly constituency NA-258.

Petitioner Maulana Taj Mohammad Hanfi, ASWJ’s general secretary, submitted in his application that he was detained under maintenance of public order (MPO) on November 7 by the government without a show-cause notice, neither was he apprised of any valid reasons for the detention.

He submitted that an impugned order based on two FIRs registered at the New Town police station under the Loud Speaker Act, was pending before the trial court for adjudication while no other material against him was cited as reason for his detention under the MPO.

Hanfi maintained that owing to his detention he could not run his election campaign; hence, requested the court to suspend the by-election till his release from jail and quash the detention order. The court, however, dismissed the petitioner’s application.  

In the wake of the recent sectarian killings in Karachi, the law-enforcement agencies had on Nov 6, booked former Pakistan Peoples Party senator Faisal Raza Abidi for possessing an illicit weapon, raided Siddique-e-Akbar Masjid near Nagan Chowrangi - headquarters of the banned ASWJ- and arrested Hanfi from a nearby location, and also rounded up Shia scholar Allama Mirza Yousuf Hussain of the Majlis Wahdatul Muslimeen (MWM).

An anti-terrorism court (ATC) had the next day sent MWM’s leader to prison on a 14-day judicial remand, while Hanfi was detained for 30 days on the orders of the home department.

The home department had issued a notification ordering the ASWJ leader to be detained in Karachi central prison for a month.

The DIG West had in a letter forwarded the SSP Central’s request seeking Hanfi’s preventive detention under the Maintenance of Public Order Ordinance 1960.

It was reported that the Hanfi belonged to a proscribed outfit ASWJ, formerly known as Sipah-e-Sahaba, and was involved in hate speeches and propaganda against the Shia community, the law enforcement agencies and the National Action Plan.

His provocative activities posed a serious threat to the peace and tranquility of the city, the letter mantained.

The request further read that Hanfi had the tendency of gathering people and inciting hatred. He had also been involved in criminal activities in the past and an FIR No 165/2016 under Section-3 of the Loud Speaker Act and FIR No 21/016 under the same act were lodged against him.

Home secretary Shakeel Ahmed Mangnejo issued a notification stating that he was satisfied with the report of the DIG West, and the SSP Central in exercise of powers vested in him under Section 3(1) of the MPO should detain Hanfi for 30 days.