‘Against constitutional rights’: JuD fights ban in court, in vain

Counsel says ban is a clear violation of petitioner’s fundamental rights enshrined in Constitution of Pakistan.

LAHORE:

The Lahore High Court (LHC), on Thursday, denied relief to Jamaatud Dawa (JuD) against a ban imposed by federal government on its activities, including collection of sacrificial animals’ hides.

On behalf of JuD chief Hafiz Muhammad Saeed, Advocate AK Dogar said the ban was imposed in light of a resolution passed by United Nations Security Council, while his client’s organisation is not proscribed under any law of the land.

The counsel said the ban is a clear violation of the petitioner’s fundamental rights enshrined in the constitution of Pakistan.

Chief Justice Umar Ata Bandial, however, said the federal government imposed the ban to fulfill its international obligation as a member of the United Nations.

“How can the court suspend international obligations of the country?” Justice Bandial asked.

He advised the counsel to not use a court of law to abolish the ban and establish that JuD is a public welfare organisation.

Advocate Dogar said the ban was imposed days before Eid which “clearly showed” the mala fide nature of the decision.

The chief justice, however, refused to issue any stay order without seeking reply from the government. He rejected the stay application and issued notice to the federal government for next week.

Meanwhile, Advocate Dogar told The Express Tribune that JuD would receive hides at its camps but not collect any by going to people’s houses.

Published in The Express Tribune, October 27^th, 2012.