ISLAMABAD: The Islamabad High Court (IHC) on Monday termed the government decision to ban Jamaat-e-Ulema-e-Islami-Fazl (Fazl) subordinate organisation Ansarul Islam “infructuous”.
The single-judge bench presided by IHC Chief Justice Athar Minallah, while hearing a petition challenging Pakistan Tehreek-e-Insaf (PTI) government’s decision, summoned the interior ministry to explain how the federal government could ban an organisation that does not exist on paper.
JUI-F counsel Kamran Murtaza informed the high court that the JUI-F was registered with the Election Commission of Pakistan (ECP) as a political party and that Ansarul Islam was not a ‘private militia’ as stated by the government but a subordinate of the JUI-F, operating since partition.
Justice Minallah said if the Ansarul Islam workers were members of a political party then the notification to ban them was infructuous. When he noted that the Ansarul Islam workers held ‘sticks’ in their hands, Murtaza said the sticks were part of the flags.
The political party’s counsel further informed the bench that the federal government had issued a notification without giving Ansarul Islam an audience first.
The chief justice questioned how the federal government could ban an organisation that does not legally exist. “What happens if the Ansarul Islam workers wear a white dress instead of khaki?” asked the justice as he questioned the technicality of the notification and observed that the interior ministry should have sought an explanation from the party over it.
The high court then adjourned the case hearing till tomorrow.
Ahead of the JUI-F led Azadi March, the PTI government banned Ansarul Islam and empowered provinces to take action against it under Section 2 of the Private Military Organisations (Abolition and Prohibition) Act, 1974.
The notification said the federal government had “reasons to believe that Ansarul Islam is capable of functioning as a military organisation, in violation of the prohibition contained in Article 256 of the Constitution”.
