Petitioner Irfan Saddique also requested the court to issue an order to restrain the respondent from staging a sit-in at Islamabad.
He told the court that to avoid madrassas reforms and after failing to win his seat in the general election JUI-F’s head Maulana Fazlur Rehman has announced a long march towards Islamabad. The aim of the march is to remove the “fake and illegitimate government”.
He contended that the act of the maulana violated the fundamental rights of millions of peoples who elected their representatives. He said the move went against 2-A and Article 17(2) of the Constitution of the Islamic Republic of Pakistan.
The petitioner maintained that under the guise of protection for participants of the sit-in, Fazl established a private army called the “Salar Force”. He said it had been trained for organised resistance against law enforcement institutions which may lead to a Faizabad-like chaotic situation. He recalled seven people were killed and more than 200 injured, alongside huge losses to public properties.
The establishment of a private militia created a bad image of Pakistan globally, he said. The Constitution, through Article 256, prohibits the creation of all private militias in the country.
Unity of opposition has shaken govt, says Fazl
The petitioner said that in the presence of state institutions, the creation of a private army was a clear violation of the Constitution and law which would a give message to the world that Pakistan is a weak state.
He further implored the court that Fazl was using children of madrassas against the government which was an infringement of their fundamental right to education.
The petitioner maintained that it was the duty of the state to protect their children’s rights (Right to Life Article-9 and Right to Education -Article-25).
He said the respondent was also spreading hatred against the government through his provocative speeches. He said this would result in chaos and create a potentially volatile situation.
He requested the LHC to declare the creation of private militia of respondent Fazl as illegal and unlawful.
Petitioner Saddique, through his lawyer, requested the court to take stern action against the te respondent under the Private Military Organisations (Abolition and Prohibition) Act, 1974.
He also requested the LHC to restrain the respondent from holding a sit-in at Islamabad.
He also asked for directives to the federation to initiate the process of legislation on regulating sit-ins and protests. The petitioner also sought action against Fazl for delivering provocative and hate speeches against the government.
Published in The Express Tribune, October 22nd, 2019.
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