Capital restrictions: Magistrate to rule on trust’s request on Monday

Shia scholar had requested IHC to remove bar on his entry into Islamabad

ISLAMABAD: The Islamabad High Court Friday ordered the capital administration to hear the arguments of a Shia scholar who, among others, had been barred from entering the capital and delivering sermons.

A special division bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb directed the district magistrate to hear the petitioners and pass an order on October 10 (Monday).

The order came after the Markazi Asna Ashri Trust Imambargah filed an intra-court appeal seeking court’s intervention to lift the ban on scholar Hafiz Tassadaq Hussain, whose entry into the capital, along with that of several others, had been banned by a district magistrate on September 26.

On October 5, the single bench comprising Justice Noorul Haq Qureshi had dismissed a petition from the imambargah requesting the court to set aside a notification of the district administration barring the Shia scholar from entering the capital and delivering sermons.

Justice Qureshi, however, had remanded the case to the district magistrate with the direction to follow the procedure laid down under the law and pass an order after serving the notice to all those who had been listed in the notification.

On Friday, the trust filed an appeal and requested the court to suspend the order so that Hafiz Hussain could enter Islamabad and address religious gatherings.

A counsel for the petitioner stated that following the single bench’s order, they appeared before the district magistrate but he refused to entertain them saying “he would take up the matter when considered fit.”

The counsel said that the petitioners had invited the scholar to observe Muharram 9 and 10 in the capital, but only one working day remained to decide the matter. He, therefore, requested the court to lift the ban or suspend the order.

However, the division bench noted that the appeal was not maintainable since the scholar, the aggrieved party, had not challenged the ban and the order previously passed by the court.

The court, though, allowed the petitioners to appear before the magistrate on Monday with directions that the magistrate hears their arguments before passing an order in the case.

Previously, Justice Qureshi, had observed that inadequate measures were taken as the notices were never served directly to the people who had been named by the district administration.

The judge had further noted that this was a matter which should be clarified or rectified by a district magistrate.

“Without passing any further order, I would like to remand this case to the district magistrate with the direction to follow the procedure laid down under the law and after effectively serving the notice to the concerned persons,” Justice Qureshi had stated.

The court had further said that an opportunity be provided to the petitioners to approach the government to seek an adequate solution to their problem under the law.

The administration has banned the entry of 16 clerics of various sects for a period of two months. The step was taken on the advice of the special branch of police to maintain peace in the city during Muharram.

Published in The Express Tribune, October 8^th, 2016.