PESHAWAR: Chief of the banned Tehreek Nifaz-i-Shariah Mohammadi Maulana Sufi Mohammad on Saturday moved a local anti-terrorism court with a formal request for the transfer of his case on the incitement of hatred against the government to a regular court insisting the charge against him is not related to the Anti-Terrorism Act.

Judge Abdur Rauf Khan fixed the next hearing for March 21 for listening to arguments of the prosecution and defence on Sufi Mohammad’s written application.

Read: View from the courtroom: Maulana Sufi cases depict confused state policies

Sufi Mohammad, his two sons and some associates were indicted in the case on Feb 7 and have now been facing trial for inciting hatred against government and holding illegal sit-in in Timergara, Lower Dir, around six years ago.

Defence lawyer Adil Majeed filed the application on behalf of Maulana Sufi Mohammad after the complainant and a prosecution witness in the case, sub-inspector Shahjee Khan, recorded his statement.

Maulana Sufi Mohammad and TNSM activists staged a sit-in for several days at Rest House Ground in Timergarah in Oct 2008 and delivered speeches against the government there.

Also read: TNSM renounces militancy; Sufi Mohammad freed

After the final stage of military operation against militants was launched in May 2009, an FIR was also registered regarding the said sit-in wherein Maulana Sufi and several other members of TNSM were charged.

The police charged the accused persons under several sections of Pakistan Penal Code and section 11-F (3) of Anti Terrorism Court, which deals with meeting and activities of an outlawed organisation.

During the said sit-in, the prime accused, Maulana Sufi Mohammad, said he would continue struggle until the enforcement of Sharaih in Malakand region.

He allegedly declared Pakistani Constitution and laws as un-Islamic.

The applicant said the defendant was charged under Section 11(f)(3) of the Anti-Terrorism Act due to which his trial was conducted by an ATC.

He said the said section pertained to soliciting or inviting support for a proscribed organisation.

He said the defendant had not sought support of any organisation for Shariah enforcement and therefore, that section was not applicable to him and his trial might be transferred to ordinary court.

Published in Dawn March 1st , 2015

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