JuD is no more a proscribed organisation!!!

Notorious terrorist organisation Jamaatud Dawa (JuD) and Falah-i-Insaniyat Foundation (FIF) headed by one of the most sanguinary criminals of south Asian region, Hafiz Mohammad Saeed are no more on the list of banned outfits in Pakistan after the presidential ordinance that proscribed them under a UN resolution lapsed.

During the hearing on October 25, of a petition filed by Hafiz Saeed, his counsel informed the Islamabad High Court that the presidential ordinance had lapsed and it had never been extended. According to petitioner, In February this year, former president Mamnoon Hussain promulgated an ordinance amending the Anti-Terrorism Act, 1997, with regards to proscription of terrorist individuals and organisations to include entities listed by the UN Security Council — in a move to declare JuD and FIF as proscribed groups. On a query, the counsel informed the court that the PTI government did not extend the ordinance or table it in parliament to convert it into an act. Deputy Attorney General Raja Khalid Mehmood Khan confirmed that the ordinance had lapsed.

India angel!

Hafiz Saeed contended in the petition that he established JuD in 2002 and cut off all ties with the banned Lashkar-i-Taiba, but India continued to malign JuD for its past association with the banned outfit. Saeed also said he was kept in detention in 2009 and 2017 due to India’s pressure. He added that the UN Security Council had passed a resolution against JuD after which the government of Pakistan put it on the watch list. The JuD chief termed it against the sovereignty of Pakistan that an ordinance was issued to ban his organisation.

Ordinance was extrajudicial?

Saeed claimed that the promulgation of the ordinance and addition of Section 11-EE were not only prejudicial to the sovereignty but also contradictory to the fundamental rights enshrined in the Constitution. The petitioner argued that under Article 199 of the Constitution, the court was competent to strike down any legislation which was beyond the scope of the Constitution or ultra vires. He requested the court that the vires of the ordinance and consequent amendment in sections 11 B and 11-EE of the ATA might be declared illegal.

According to a list updated on Sept 5 on the National Counter Terrorism Authority’s website, 66 organisations have been banned in the country and JuD and FIF are not among them. However, the two Hafiz Saeed-linked organisations are “under watch by the ministry of interior” under Section 11-D-(1), read with Schedule-II of the ATA.

What is the legal matter?

President of Pakistan Mamnoon Hussain promulgated an ordinance in February 2018,  amending the Anti-Terrorism Act, 1997 with regards to proscription of terrorist individuals and organisations to include entities listed by the United Nations Security Council (UNSC) — in a move to declare Hafiz Saeed-linked JuD and Falah-i-Insaniyat Foundation (FIF) as proscribed groups. The ordinance amends Sections 11-B and 11-EE of the Anti-Terrorism Act, 1997 (XXVII of 1997). Section 11-B sets parameters for proscription of groups, whereas 11-EE describes the grounds for listing of individuals. Both sections Sub-Section ‘aa’, according to which organisations and individuals “listed under the United Nations (Security Council) Act, 1948 (XIV of 1948), or” will be included in the First Schedule (for organisations) and Fourth Schedule (for individuals), respectively, on an ex-parte basis.

Under Section 11-EE, the requirements were: “(a) concerned in terrorism; (b) an activist, office-bearer or an associate of an organisation kept under observation under section 11D or proscribed under section 11B; and (c) in any way concerned or suspected to be concerned with such organisation or affiliated with any group or organisation suspected to be involved in terrorism or sectarianism or acting on behalf of, or at the direction of, any person or organisation proscribed under this Act.”

Conclusion

Imran Khan’s close contact with terrorist outfits is well known fact. The government led by Parvez Khattak in Khyber Pakhtunkhwa of Tehrik-e-Insaf, has donated millions of rupees to Darul Haqqaniya, of Maulana Sami ul Haq who is known as the Father of Taliban and chief of the JUI-Haq, who made electoral alliance with Tehrik-e-Insaf in recent elections.

And now this incident clearly show a turnaround by Pakistan from its submission to the international Financial Action Task Force (FATF, which had earlier this year placed it on “grey list.”, and the group that visited Pakistan a week ago has expressed disappointment over the steps taken by Pakistan in this regard.

Pakistan has been under increasing pressure to cut all help given to terrorists operating from its soil. And by these kinds of steps Pakistan, making difficulties for itself to get aid from international financial institutions and banks in this tough time when Pakistan faces a crippling debt repayment crisis.This situation is going to create a crisis of existence for Pakistan, on the other hand, regional security and stability can also be under a big threat.