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Wednesday May 01, 2024

Ban on Ansar-ul-Islam infructuous, says IHC

By Agencies
October 29, 2019

ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah Monday observed that the federal government’s notification of a ban on Ansar-ul-Islam — a subsidiary of Jamiat Ulema-e-Islam-Fazl (JUI-F) — was infructuous. The chief justice gave these remarks while hearing a petition challenging the government decision under which Ansar-ul-Islam group was banned.

Justice Minallah served a notice on the interior ministry asking it to explain how the federal government could ban a non-existent organization. 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, Ansarul Islam was not a ‘private militia’ but a subordinate of JUI that had been operating since the days 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 is infructuous". The CJ said Ansar-ul-Islam members were holding sticks on which the JUI-F's counsel said 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 how the federal government could ban an organisation that did not legally exist. “What happens if 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 adjourned the hearing.