December 10, 2003	Wednesday	Shawwal 15, 1424

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RAWALPINDI, Dec 9: The special anti-terrorism court No II on Tuesday adjourned till December 13 the hearing of a plea requesting A-class for the chief of the outlawed Islami Tehrik Pakistan (ITP), Allama Sajid Naqvi, in Adiala Jail after it could not be decided whether or not to apply the provincial or the federal rules in the case.

Sajid Naqvi’s sons, Aaun Sajid Naqvi and Mohammad Sajid Naqvi, submitted the application to the court through their counsel, Zulfiqar Abbas Naqvi, requesting that the family members should be allowed to meet the Allama in the jail and take food for him.

Adjourning the hearing, Judge Manzoor Ahmed Mirza also asked the Adiala Jail superintendent to inform the court about the status of the accused in a second report on December 13.

Earlier, when the court took up the plea for hearing, the jail officials presented a report to the judge wherein they contended they had been “instructed” by the Punjab home secretary that neither A-class be awarded to the Allama nor the family be allowed to meet him in the jail because the accused was facing charges of committing sectarianism and terrorism and the provincial rules could not grant him such facilities.

“The home secretary has no authority to issue any instructions in any case related to the jurisdiction of the federal government,” Sajid Naqvi’s counsel argued. He contended that the Golra police had registered an FIR against the ITP chief in the murder case of Millat-i-Islami Pakistan (MIP) chief Maulana Azam Tariq that purely related to Islamabad.

“Mere instructions from the home secretary cannot overrule the Pakistan Prisoners Rules (PPR) and Prisoners Act (PA),” the counsel further contended. He said under rule No 248 of the PPR, the Allama had the right to get A-class because he was not a criminal, but a religious scholar and vice president of the MMA.

Similarly, Sections 310, 454, 455 and 456 of the PA also allow the family to meet the Allama and take food for him, the defence counsel added.

The court would also take up the bail plea of the ITP’s chief for hearing on Dec 13.