The Supreme Court is going to take up today (Wednesday) the federal government’s plea against the Lahore High Court (LHC) order, which allowed the Jamaatud Dawa (JuD) and its affiliated Falah-e-Insaniat Foundation (FIF) to continue their ‘welfare activities’.
The apex court’s two-judge bench, comprising Justice Manzoor Ahmad Malik and Justice Sardar Tariq Masood, will take up the Interior Ministry’s plea against the LHC’s interim order, passed on the writ petition filed by JuD chief Hafiz Saeed.
Though the main case is still pending but in April the LHC passed an interim order, which allowed JuD and the FIF to continue ‘welfare and charitable activities’ till final judgement. Later the federal government approached the Supreme Court against the high court’s order.
The Interior Ministry has contended that the LHC’s interim order is creating hindrance for Pakistan to comply with the international and local legal requirements. It is learnt that if the LHC’s order remains in field then it will have severe implications for the country.
In February, the president promulgated an ordinance amending the Anti-Terrorism Act, 1997 with regard to proscription of terrorist individuals and organisations to include entities listed by the UNSC, in a bid to declare Saeed’s JuD and FIF as proscribed groups.
The ordinance amended 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 would now include 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.
The move was apparently aimed at declaring JuD and the FIF, as proscribed groups ahead of the Financial Action Task Force’s (FATF) meeting in Paris which decided to put Pakistan on’s grey list from June this year.
After promulgation of the ordinance, all properties of JuD and the FIF were confiscated in Azad Jammu and Kashmir and Gilgit-Baltistan. Some 148 properties and assets the outfits were also seized in Punjab. Later, JuD chief and others challenged the presidential ordinance in the high court.
The petition had contended that Pakistan is a sovereign state, but through this ordinance, its sovereignty has been jeopardised. It also claimed that the promulgation of the ordinance and addition of Section 11-EE is not only prejudicial to the sovereignty but also contradictory to the fundamental rights enshrined in the Constitution of Pakistan.
It said any law which is violative of constitutional provisions is liable to be struck down. The petition suggested that under Article 199 of the Constitution is competent to strike down any legislation which is beyond the scope of Constitution or ultra vires.
It requested the court that the vires of ordinance and consequent amendment in section 11 B and 11-EE of ATA may be declared illegal. The matter is still pending before the high court. The Interior Ministry had contended that Pakistan is under obligation to comply the UNSC decision to declare JuD and the FIF as proscribed groups.