ISLAMABAD: The Islamabad High Court (IHC) on Monday sought explanation from the interior ministry for banning Ansarul Islam, the volunteer group of the Jamiat Ulema-i-Islam-Fazl (JUI-F), without giving it an opportunity of defence.

IHC Chief Justice Athar Minallah after hearing preliminary arguments on a petition put off the matter for Tuesday (today) with a direction, “an authorised representative of the ministry of interior will appear in person and explain as to how the impugned notification has been issued without affording an opportunity of hearing”.

The court order further states: “The representative who appears on behalf of the federation will also satisfy this court that prior to issuance of the notification efforts was made to ascertain the independent existence of an organisation by the name of Ansarul Islam.”

The federal government on Oct 24 authorised the provinces to take appropriate actions against Ansarul Islam, claiming it is capable of functioning as an “armed wing of the organisation”.

Interior ministry asked why opportunity of defence was not given to petitioner

The JUI-F through its counsel Kamran Murtaza filed the petition before the IHC.

Arguing before the court, Mr Murtaza said that Ansarul Islam was an informal group of workers of a registered political party namely JUI-F and it did not have its independent existence.

He said that the interior ministry took the decision without affording an opportunity of hearing and ascertaining the facts regarding independent existence of Ansarul Islam.

According to the petition, out of the fear of JUI-F’s Azadi march gaining momentum, the government had started a vicious campaign against it by using various methods to stop the march.

It mentioned actions of the government, like using state institutions, such as Pemra to issue verbal instruction to media houses to completely ban transmission or reporting of speeches of JUI-F’s leaders, and the government officials openly threatening the use of force to stop the protests or trying to bring its leaders in to the custody of NAB.

The petition said that the government was trying to create panic among people by issuing a threat alert vide a letter issued by the National Counter Terrorism Authority, claiming the threat of a terrorist attack.

The petition said 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.

The Private Military Organisations (Abolition and Prohibition) Act, 1974 does not provide any mechanism where an aggrieved person or organisation can appeal or seek review of the decision of the federal government, thus making it a legislation against the fundamental rights enshrined in the Constitution and liable to be declared void ab initio.

According to the petition, the JUI-F is registered with the ECP and in the party’s constitution submitted to the Commission Ansarul Islam is also mentioned.

Published in Dawn, October 29th, 2019