Posts Tagged ‘Jamaatud Dawa’

Pakistan Relaxes Restrictions on Former Terrorist Groups

October 26, 2018
Jamaatud Dawa chief Hafiz Mohammad Saeed. — File Photo
Jamaatud Dawa chief Hafiz Mohammad Saeed. — File Photo

ISLAMABAD: The Jamaatud Dawa (JuD) and Falah-i-Insaniyat Foundation (FIF) headed by Hafiz Mohammad Saeed are no more on the list of banned outfits after the presidential ordinance that proscribed them under a UN resolution lapsed.

October 26, 2018

During the hearing on Thursday of a petition filed by Hafiz Saeed, his counsel informed the Islamabad High Court that the presidential ordinance had lapsed and it had never been extended.

The petitioner had challenged the ordinance under which his organisations had been banned for being on the watch list of the United Nations Security Council.

The ordinance that proscribed these organisations under a UN resolution has lapsed

In February this year, former president Mamnoon Hussain promulgated an ordinance amending the Anti-Terrorism Act, 1997, with regards to proscription of terrorist individuals and organisations to include entities listed by the UN Security Council — in a move to declare JuD and FIF as proscribed groups.

Hafiz Saeed’s counsel Raja Rizwan Abbasi and Sohail Warraich appeared before Justice Aamer Farooq of the IHC. On a query, the counsel informed the court that the PTI government did not extend the ordinance or table it in parliament to convert it into an act.

Deputy Attorney General Raja Khalid Mehmood Khan confirmed that the ordinance had lapsed. He, however, declined the request of advocate Abbasi for giving a statement on behalf of the interior ministry regarding the lapse of the ordinance.

Mr Khan informed the court that since the petitioner did not cite the interior ministry as a respondent, he could not give a statement unless the petition was amended and the interior secretary added as a party in the petition.

Subsequently, Justice Farooq held that the petition became infructuous since the ordinance challenged by the petitioner had lapsed.

The judge disposed of the petition with an observation that in case the government renewed this ordinance, the petitioner was at liberty to file another petition against the promulgation of the law.

Hafiz Saeed contended in the petition that he established JuD in 2002 and cut off all ties with the banned Lashkar-i-Taiba, but India continued to malign JuD for its past association with the banned outfit.

The petitioner said he was kept in detention in 2009 and 2017 due to India’s pressure. He added that the UN Security Council had passed a resolution against JuD after which the government of Pakistan put it on the watch list.

The JuD chief termed it against the sovereignty of Pakistan that an ordi­na­nce was issued to ban his organisation.

The petitioner claimed that the promulgation of the ordinance and addition of Section 11-EE were not only prejudicial to the sovereignty but also contradictory to the fundamental rights enshrined in the Constitution.

He said that any law which was violative of constitutional provisions was liable to be struck down.

The petitioner argued that under Article 199 of the Constitution, the court was competent to strike down any legislation which was beyond the scope of the Constitution or ultra vires. He requested the court that the vires of the ordinance and consequent amendment in sections 11 B and 11-EE of the ATA might be declared illegal.

According to a list updated on Sept 5 on the National Counter Terrorism Authority’s website, 66 organisations have been banned in the country and JuD and FIF are not among them. However, the two Hafiz Saeed-linked organisations are “under watch by the ministry of interior” under Section 11-D-(1), read with Schedule-II of the ATA.

Published in Dawn, October 26th, 2018

https://www.dawn.com/news/1441375/jud-fif-no-more-on-list-of-banned-outfits-court-told

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Pakistan urges US to resume its balancing role in South Asia — Government discussing permanent ban on JuD, other ‘terror’ groups

April 8, 2018

Pakistan Ambassador Aizaz Ahmed Chaudhary says “the United States always brought a balance.  Peace in South Asia is better served if the United States assumes the role of a balanced power-player.”

Image result for Pakistan Ambassador Aizaz Ahmed Chaudhry, photos

Pakistan’s Ambassador to US Aizaz Ahmad Chaudhry presents his diplomatic credentials to US President Donald Trump

Dawn (Pakistan)

By 

Updated April 08, 2018

WASHINGTON: Pakistan has asked the United States to resume the balancing role that it played in South Asia before it started to build a strategic partnership with India.

“We are saying to the US administration that the United States always brought a balance in SA, but this recent tilt has created an imbalance,” said Pakistan Ambassador Aizaz Ahmed Chaudhary.

“This tilt has also emboldened the Indian government to go for a heavy-handed approach, which is the most manifest in occupied Kashmir,” said Mr Chaudhary while briefing the US and Pakistani journalists on Friday.

“The policy of Hindutva will not bode well for either India or the region but what happens in India is for them to worry about, not for us,” he said. “Peace in South Asia is better served if the United States assumes the role of a balanced power-player.”

A fact-sheet presented to the media noted that Indian forces had killed 20 innocent Kashmir in the last few days. It described the uprising in India-held Kashmir as a legitimate struggle for the realisation of their right of self-determination, not terrorism.

Published in Dawn, April 8th, 2018

https://www.dawn.com/news/1400325/pakistan-urges-us-to-resume-its-balancing-role-in-south-asia

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Image result for Jamaatud Dawa, photos

Jamaat ul Dawa al Quran (JDQ), which is “based in Peshawar, Pakistan, and eastern Afghanistan” has “long-standing ties to al Qaeda and Lashkar e-Tayyiba.”

ISLAMABAD: The government is working on a draft bill to replace the presidential ordinance that banned Jamaatud Dawa as well as other organisations and individuals on the watch list of the interior ministry.

Sources in the law ministry told Dawn that the proposed draft bill to amend the Anti-Terrorism Act (ATA), 1997 was likely to be tabled in the upcoming session of the National Assembly scheduled to commence on April 9 (tomorrow). The law ministry was involved in the process for the purpose of vetting the proposed draft bill, the sources said, adding that the military establishment was also on board.

The government decided to prepare a draft bill to amend the ATA as part of its damage-control campaign after the Financial Action Task Force (FATF) approved a nomination proposal tabled jointly by the US, the UK, France and Germany to place Pakistan on the international watchdog’s money-laundering and terror-financing grey list in February.

Bill being tabled in NA to replace ordinance which amended law to include entities listed by UNSC as proscribed groups

Earlier, President Mamnoon Hussain had promulgated the ordinance amending the ATA to include entities listed by the UNSC as proscribed groups. The ordinance had been issued under Article 89 of the Constitution which empowers “President to promulgate ordinances” but the ordinance expires in 120 days. The National Assembly can extend it for another four months after which it has to be tabled before both the houses i.e. National Assembly and Senate for further extension.

Through the ordinance, amendments were made to ATA’s Section 11-B that sets out parameters for proscription of groups and Section 11-EE that describes the grounds for listing of individuals. In both sections, Sub-Section ‘aa’ was added. According to the sub-section, 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.

Under Section 11-EE, the requirements were: “(a) concerned in terrorism; (b) an activist, office-bearer or an associate of an organisation kept under observation under section 11D or proscribed under section 11B; and (c) in any way concerned or suspected to be concerned with such organisation or affiliated with any group or organisation suspected to be involved in terrorism or sectarianism or acting on behalf of, or at the direction of, any person or organisation proscribed under this Act.”

Database being prepared

In addition to the draft bill, which is likely to be tabled in the upcoming NA session, Pakistan is preparing a consolidated database of known terrorists and terrorist organisations which will be accessible to financial institutions and law-enforcement agencies of the country to strengthen the regime against money laundering and terror financing.

For the enforcement of prohibition of funds and financial services, it was recommended to the authorities to ensure that statutory regulatory orders issued under UNSC Resolutions-1267 and -1373 (issued under ATA) are implemented without delay. The government would also frame the ATA’s freezing and seizure rules and ensure that Anti-Terrorism Amendment Ordinance 2018 is enacted through the parliament, according to the draft action plan.

The amendment to the ATA would also enable investigation officers to be trained to investigate sources of funding besides other financial aspects in terrorism cases.

The presidential ordinance has already been challenged by JuD chief Hafiz Saeed in the Islamabad High Court. He claimed that the ordinance had been promulgated due to external pressure and hence was not only prejudicial to the sovereignty but also contradictory to the fundamental rights enshrined in the Constitution.

When contacted, Barrister Zafarullah Khan, special assistant to the prime minister, said that the amendment to the ATA was a subject of the interior ministry. He added the law would not introduce anything new, as it would basically ensure compliance to the UNSC Resolutions.

Published in Dawn, April 8th, 2018

https://www.dawn.com/news/1400320