Islamabad - A division bench of Islamabad High Court will today (Monday) take up an intra-court appeal against the single bench’s verdict which had dismissed a petition seeking court’s orders to federal police for registration of a case against Lal Masjid cleric Maulana Abdul Aziz and others.
The division bench comprising Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb will hear the petition moved by Syed Khurram Zaki.
The petitioner has filed the petition through his counsel Asif Mumtaz Malik Advocate and cited secretary interior, secretary law and justice, secretary defense, director general ISI, director general Punjab Rangers, chief commissioner Islamabad, inspector general of Islamabad police, senior superintendent of police Islamabad and SHO Aabpara police station as respondents.
In his main petition, he sought registration of FIR against Lal Masjid cleric Maulana Abdul Aziz, his wife Umm-e-Hassan and students of Jamia Hafsa for inviting Islamic State (IS) to take revenge of the killing of al Qaeda chief Osama bin Laden and Lal Masjid operation.
In ICA, he contended that the order dated 28-03-2016 passed by the learned single bench is against the law and facts, as well as prejudice to the rights of the appellant.
He argued that the single bench has not applied its judicial mind in the case which is highly objectionable in the eye of law.
The petitioner’s counsel Asif Mumtaz Malik stated that the IHC bench has misjudged the fact that the date of application for the registration of FIR is 03 February 2016, while the learned single bench has mentioned in its order dated 28-03-2016 that a report number 64 dated 29-01-2016 was registered upon the application of the appellant, which is an obvious misjudgement, because the report number 55 dated 03-02-2016 was registered upon the application of the petitioner/appellant, which is quite sufficient to believe that the learned single bench has failed to reach the just conclusion of the case. This practice of learned single bench is not in accordance with law and against the facts of the case as well.
He continued that the bench after discussing the petitioner’s/ appellant’s case in detail has concluded its judgement with the suggestion to lodge a ‘private complaint’ against Maulana Abdul Aziz, Majida Younas alias Umme Hassan and the students of Jamia Hafsa, which clearly means that the bench is also convinced to initiate criminal proceedings against the culprits, but even then the learned single bench has dismissed the petition without mentioning any solid reason for dismissal.
Therefore, he said that in the light of above mentioned circumstances, it is most humbly prayed that the order dated 28-03-2016 may be set aside with immediate effect and respondents may be directed to take the cognizance of the offence, at their earliest, and the respondent No.9 may specifically be directed to register FIR against the respondents under the enabling sections of Anti-Terrorism Act 1997, Protection of Pakistan Act 2014, Pakistan Penal Code 1860 and under all other relevant sections of criminal laws of Pakistan.