ISLAMABAD: The Islamabad High Court (IHC) on Friday dismissed a petition seeking instructions for the government to declare Jihad for liberation of India held Kashmir saying the court cannot interfere in foreign affairs and defence matters.
IHC Chief Justice Athar Minallah observed that petitioner could not satisfy the court that the petition was maintainable under Article 199 of the constitution.
The petitioner requested the court to “instruct the government of Pakistan to declare Jihad in Jammu and Kashmir and establish a Jihad fund for the liberation of India Occupied Kashmir.”
The petitioner said: “The court may instruct the government to direct the Azad Jammu and Kashmir government to establish Jihadi camps in the area of Jammu and Kashmir and allow all those Muslims of world to enter Pakistan/Azad Kashmir and facilitate them who want to take part in the Jihad.”
The court noted that “the petitioner has sought a prayer, which essentially is regarding policy decisions related to foreign affairs and defence of Pakistan.”
The court ruled that “it is settled law that courts while exercising jurisdiction under Article 199 of the constitution do not interfere in matters relating to foreign affairs and defence.
“For what has been discussed above, the instant petition is not maintainable and therefore, accordingly dismissed,” the court order concluded.
Published in Dawn, August 31st, 2019