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June 27, 2008 Friday Jamadi-us-Sani 22, 1429





IHC rejects Maulana Aziz’s bail plea


ISLAMABAD, June 26: The Islamabad High Court (IHC) here on Thursday dismissed a bail plea of former Lal Masjid chief cleric Maulana Abdul Aziz.

A division bench comprising Justice Syed Qalb-i-Hassan and Justice Raja Saeed Akram announced the decision in a short order.

Shaukat Aziz Siddiqui, the counsel for Maulana Aziz, had prayed for the cleric’s release in a case of alleged forcible occupation of the Children Library.

On June 23, the same division bench had reserved its judgment after hearing arguments from both sides.

The counsel contended that the criminal sections inserted in the FIR were baseless and irrelevant. He pointed out that the court had already granted Maulana Aziz bail in four major cases.

Ilyas Siddiqui, counsel for the federation, defended framing of different criminal sections against Maulana Aziz, and said a baton-wielding brigade had occupied the government property on his instructions.

The in charge of library had himself stated in the FIR that he personally approached Maulana Aziz and his brother Abdul Rashid Ghazi, but both refused to persuade their students not to indulge in the unlawful act. He stressed that all the actions were against the writ of the government and therefore an FIR about the “terrorist acts” was registered.

The federation’s counsel pleaded that the matter may be deferred as the federation had taken the grant of bail to Maulana Abdul Aziz in four cases to Supreme Court, which was expected to decide the matter in a week.

Maulana Abdul Aziz had already been acquitted by trial courts in 26 out of total 27 cases.

A case was registered by the Islamabad police against former Khateeb of Lal Masjid after Jamia Hafsa students took over the Children Library adjacent to the mosque.

USE OF PUBLIC PLACES: The Islamabad High Court Thursday reserved its judgment in a case related to the use of public area in Blue Area by the Capital Development Authority (CDA) for a food park.

A division bench comprising Justice Mohammad Munir Paracha and Justice Dr Sajid Qureshi heard a writ petition moved by various shop owners of the commercial centre.

Their counsel contended that the CDA had no authority under its rules to use public places for commercial use and claimed that the food park in question was impeding free public movement.

Barrister Masroor Shah, counsel for the CDA, argued that the authority had lawful right to make use of public places under its possession.

STRENGTH: The Islamabad High Court will hear on Friday a writ petition against the government’s move to increase the number of Supreme Court judges from 16 to 29 through the finance bill.

The single bench of Chief Justice Sardar Mohammad Aslam will hear the writ filed by Azhar Maqbool, an advocate of the Lahore High Court.

The petitioner has stated that his earlier writ was dismissed on June 18 by the IHC on the grounds that it was premature.

Now that the National Assembly has passed the finance bill and the president is constitutionally bound to approve it, the petition should be taken up by the IHC, Mr Maqbool pleaded.

The petitioner has contended that normal legislation could not be made part of the finance bill.

The federation, minister for finance and top officials of the ministries of finance and law, justice and parliamentary affairs have been made respondents in the petition.—APP







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