ISLAMABAD, Nov 15: The Supreme Court on Thursday dismissed the constitutional petition of Qazi Hussain Ahmad, Chief of Jamaat-i-Islami, after the statements by the advocate-generals of Sindh and Balochistan that the ban on the entry of the JI chief in the provinces no longer exists.
Advocate Akram Sheikh, counsel for Jamaat chief, demanded of the court that Qazi Hussain Ahmad who was detained in the NWFP, should be ordered to be produced in the court. He stated that even his family members were not being allowed to meet him.
The court, however, observed that till the decision of the Peshawar High Court, where his detention had been challenged, the Supreme Court would not pass any order.
The SC bench consisted of Justice Sheikh Riaz Ahmad, Justice Mian Mohammad Ajmal and Justice Deedar Hussain Shah.
Attorney-General Makhdoom Ali Khan, Advocate-General of Sindh Raja Qureshi and Advocate-General of Balochistan Ashraf Tanoli were also present in the court.
The Sindh AG informed the court that the ban on Qazi Hussain Ahmed’s entry into Sindh had expired on Nov 11 and the order had not been renewed. The Balochistan AG stated that the ban on the entry of the JI chief in Balochistan had been lifted on Nov 13.
In the petition, the JI chief had demanded of the court to direct the federal as well as provincial governments not to obstruct his free movement which was guaranteed under the Constitution.
He requested the court to examine the circumstances in which the government made a sudden change in its Afghan policy. He further requested the court to decide whether the executive had the sole monopoly to determine a national interest and the so-called public order.