ISLAMABAD: The government is reluctant to register a case against the Shohada Foundation and students of Jamia Hafsa on charges of waging war against the state and inviting the self-styled Islamic State militant group – commonly known by its Arabic acronym Daesh – to avenge Operation Silence, which was launched against the Lal Masjid in 2007, officials of the interior ministry and police officers told Dawn.

In December, the Shohada Foundation had issued a press release and a video message, inviting the head of Daesh to come to Pakistan to avenge the deaths of their brethren.

Read: Lal Masjid’s expansionism, militant links alarms agencies

After the press release and video message went public, a report was prepared by Superintendent of Police City Rizwan Omar Gondal and sent to Inspector General of Police Tahir Alam Khan for further legal action.

The report was then forwarded to the police prosecution department for a legal opinion, who reported that the words spoken by the students in the video and the content of the press release reportedly fall under offences laid out in sections 121, 121A, 505(1)b and 505(2) of the Pakistan Penal Code.

Section 121 and 121-A of the code deals with offences related to ‘waging war’ against Pakistan. The expression “waging war”, according to the legal opinion submitted to the police department, has not been defined in the code or in the General Clauses Act, 1897 and must therefore, be understood in its ordinary dictionary meaning of “carrying on war”.

Afraid of ‘causing a panic’, top officials not acting against local elements pledging support to militant group

The prosecution department also suggested that because the matter related to the sovereignty of the country, the case should be sent to the appropriate forum and legal advice sought before proceeding further.

The legal opinion was then sent to the interior ministry with the recommendation that a case be registered under the suggested PPC sections, officials said, adding that so far, written directives in the case had yet to be issued.

According to an official from the interior ministry, “police officers reminded a senior government functionary in a few meetings, but were asked to wait for a response. Now, whenever the senior functionary is reminded about the matter, he expresses his displeasure in no unclear terms.”

The official said that the last time the case was mentioned, the functionary had replied that “The government has categorically denied the presence of Daesh in the country and the government strongly and firmly stands by this denial.”

“Taking legal action against supporters and followers who had pledged allegiance to Daesh would lead to a panic and the issue would be unnecessarily highlighted,” the official quoted the functionary as saying.

“Those who pledge support to Daesh or distribute literature or carry out wall-chalkings should not be booked now, because that would only spread fear among the populous.”

A senior police official, speaking on condition of anonymity, told Dawn that, “The police had done their job in the first week of January, but high-ups are refusing to register a case.”

Sarfaraz Hussain, who deals with the media on behalf of the interior ministry, denied that the ministry had issued any such directives in this case. Adeel Sattar, another ministry official, refused to comment on the matter.

Published in Dawn, March 30th, 2015

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