RAWALPINDI, Jan 16: The Lahore High Court, Rawalpindi Bench, admitted a constitutional petition on Wednesday seeking registration of cases against Sofi Mohammad, Amir of Tehrik-i-Nafaz Shariat-i-Mohammadi (TNSM), on charges of high treason, terrorism and abetment in murder of hundreds of innocent people in Afghanistan.

Justice Javed Buttar of Lahore, after hearing the federal counsel, Ahmad Naeem Qureshi, and Assistant Advocate-General of Punjab Raja Saeed Akram, admitted the constitutional petition for regular hearing.

The counsel of the Federal Government and Provincial government had suggested that the Lahore High Court had no jurisdiction and the petition should have been filed in the Peshawar High Court.

Dr Aslam Khaki, the petitioner’s counsel, contended that it was a case of concurrent jurisdiction and Federally-Administered Tribal Areas (Fata) fell in the jurisdiction. The court agreed to the view of the counsel and admitted the petition for regular hearing.

The petition, filed by Syed Liaquat Binauri, stated that Sofi Mohammad had engaged himself in such activities which were culpable offences under the laws of Pakistan.

The petitioner contended that after the attack on Afghanistan, Sofi Mohammad opposed Pakistan government’s Afghan policy and incited the naive people and took them to Afghanistan where two sects of Muslims were fighting against each other.

The petitioner stated that Sofi Mohammad equipped his followers with heavy weapons and developed his private army and used it for creating disturbances in Swat, Dir and blocked the Karakuram Highway.

The petitioner stated that Sofi Mohammad, who was ignorant of the Islamic teachings, declared jihad without the consent of the Amir of the country. He led a large number of people to Afghanistan without the permission of the State.

Sofi Mohammad, after handing over the illiterate and misguided youth to Taliban, came back to Pakistan from a different route without taking part in Jihad himself.

The petitioner stated that under the Islamic teachings a person who ran away from Jihad was liable to be punished with death. Out of those who went to Afghanistan, about 5000 people died and the remaining were either disappeared or imprisoned, he said.

The petitioner contended that Sofi Mohammad kept a large quantity of weapons with him which under the law of the land, was an offence triable under the anti-terrorism laws.

The petitioner stated that Sofi Mohammad, along with his 30 colleagues, were proceeded under section 40 of the Frontier Crime Rules (FCR) by Political Agent and sentenced him to three years imprisonment only.

In view of the heinous nature of crimes committed by Sofi Mohammad and his colleagues the sentence awarded to him was a concession to him and an attempt to save him from the wrath of the people whose children he took to Afghanistan in the name of Jihad and they were left there to face death.

The petitioner stated that as per Article 4 of the Constitution of Pakistan every citizen was to be dealt equally in accordance with law.

The petitioner prayed to the court to register cases against Sufi Mohammad and his colleagues for high treason, abetment, terrorism, blocking highways and causing death to thousands of innocent people in the name of so-called Jihad.