The Islamabad High Court Friday turned down a petition seeking the court's order to direct the government to declare Jihad (sacred war) in Kashmir. A single bench of IHC comprising Chief Justice Athar Minallah heard the petition and dismissed the same by declaring it as non-maintainable. The petitioner Muhammad Sharif Sabir moved the court and cited the government of Pakistan through the Prime Minister, government of AJK through AJK PM, Ministry of Defence, Ministry of Foreign Affairs, Ministry of Kashmir Affairs and Secretary General of United Nations as respondents.
In his petition, he sought invoke to the jurisdiction of the court under Article 199 of the Constitution and prayed that the court should instruct the government of Pakistan to declare jihad in Jammu and Kashmir and establish a jihad fund for the liberation of Jammu and Kashmir. He further prayed that this court may further instruct the government of Pakistan to direct the government of Azad Jammu and Kashmir to establish 'Jihadi' camps in the area of Azad Jammu and Kashmir and allow all those Muslims of world to enter Pakistan and AJK and facilitate them who want to take part in jihad of Jammu and Kashmir.
The IHC bench noted in the verdict that petitioner who has appeared in person was asked regarding maintainability of the instant petition. The petitioner has been heard at length. "The petitioner could not satisfy that the petition was maintainable under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. The petitioner has sought a prayer, which essentially is regarding policy decisions relating to foreign affairs and defence of Pakistan," said the court order.
It added that it is a settled law that courts while exercising jurisdiction under Article 199 of the Constitution do not interfere with matters relating to foreign affairs and defence. "For what has been discussed above, the instant petition is not maintainable and therefore, accordingly dismissed," maintained the IHC bench.
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