HYDERABAD, Sept 26: A division bench of the Sindh High Court, Hyderabad circuit, on Monday gave another and ‘last’ chance to additional advocate-general, Sindh, Masood A. Noorani, to seek instructions from the home department on the issue of representation of activists of proscribed jihadi organizations.
The bench comprising Justice Anwar Zaheer Jamali and Justice Mohammad Moosa K. Leghari fixed the matter for September 29.
It directed the AAG Sindh to inform the court what was being done in the matter after he stated that the home secretary had gone abroad.
The court passed the order on separate cases relating to Maulana Farooq Azad, Maulana Saeed Jadoon, Maulana Qutubuddin and Hafiz Rafi Mustafa.
Masood A. Noorani argued that the petitioners have to make representation to the government for seeking remedy available under law if their names were put in the fourth schedule.
He said three representations had been filed before the government and he had talked to the additional home secretary who claimed that representations would be decided soon.
The bench observed that the court wanted to resolve the matter and the AAG was being asked to make a definite statement on September 29.
He said the government did not give sufficient reasons or material on record for cancelling bond of good behaviour, deposited by present petitioners.
It said there must be some material linking violation of bond by the petitioners.
Advocate Qurban Ali H. Chohan informed the court that his client had submitted representation last year in October but it had not been decided as yet.
The AAG submitted reports of inquiry, conducted by DPO Hyderabad about tampering with the police record relating to Maulana Saeed Jadoon and Hafiz Rafi Mustafa.
The inquiry was conducted under orders of court dated September 22.
No inquiry could be conducted in the matter of Maulana Saeed Jadoon because witness Najmauddin was performing duty during Urs celebrations of Hazrat Lal Shahbaz Qalandar.
About Rafi Mustafa, the inquiry report said that the statement of former SHO police station city, Hassan Ali Abdi was recorded and the record had been checked and verified, revealing that the notice was issued and served on the petitioner on July 12.
The DPO said this fact had also been mentioned in the inward register of police station city.
He said no manipulation, interpolation and overwriting had taken place in the matter.
He said there was no malafide intention in the matter involved.
The activists were detained under orders of the provincial home department as their names had been included in the fourth schedule as per provisions of 11-E of Anti-Terrorism Act (ATA).
The activists had sent telegrams to the court which were converted into separate constitutional petitions.
The petitioners alleged that date mentioned on show-cause notice had been tempered with by police in order to show that notice had been served on them the day they were issued notwithstanding the fact that they received the same after they were arrested.
According to show-cause notices, issued under sections 11-EE of the Anti-Terrorism Act detained persons were to be given a seven-day time to reply to show-cause notices to police authorities who have also to cite specific grounds of violation of the surety bond obtained from the petitioners to prove their good behaviour after they were listed under fourth schedule.






























