ISLAMABAD - Justice Shaukat Aziz Siddiqui, Islamabad High Court (IHC) judge, Thursday recused himself from the bench hearing the petition of Lal Masjid cleric Maulana Abdul Aziz in which he has prayed to the court to delete his name from the fourth schedule.
After his decision to dissociate himself from the case, the Division Bench comprising Justice Shaukat Aziz Siddiqui and Justice Noor-ul-Haq N Qureshi hearing the case stood dissolved and the matter was sent to Chief Justice Muhammad Anwar Khan Kasi to constitute a new bench to hear Maulana Aziz’s petition.
During the hearing, Justice Siddiqui announced to dissociate himself from the bench saying that he himself had remained a lawyer of Maulana Abdul Aziz. Therefore, he could not hear this petition.
The DB comprising Justice Shaukat Aziz Siddiqui and Justice Noor-ul-Haq N Qureshi took up this petition moved by Maulana Abdul Aziz through his counsel Wajihullah advocate but, it was then referred to Chief Justice for the formation of a new bench. As per Constitution of Pakistan, the fourth schedule is about the suspicious accused who needs to mark his attendance with the local police station with regular intervals.
According to the details, Chief Commissioner of Islamabad had issued a notification, putting the name of Maulana Abdul Aziz on fourth schedule on August 3, 2005.
Wajihullah informed The Nation that it was on August 12, 2013 when SSP Operations Islamabad, SHO Aabpara and other police officials had raided Jamia Hafsa asking for Maulana Abdul Aziz.
He further added that the police officials told Jamia Hafsa administration that the name of Maulana Abdul Aziz is on fourth schedule and he needs to come to the police station to mark his attendance.
Advocate Wajihullah said that as per notification, it was said that the Maulana had connections with the banned organization of Sipah-e-Sihaba and he has been involved in sectarian issues.
“We have challenged the said proposition and adopted before the court that Maulana has no links with any banned organization. Moreover if a person is put on fourth schedule, there is a time limit of three years whereas in the case of Maulana it has been almost eight years since his name has been on fourth schedule,” he maintained.
Advocate Wajihullah said that before the August 12, 2013 raid no one ever intimated Maulana Abdula Aziz about placing of his name on fourth schedule and no one ever asked him to mark his attendance at the police station.
In another matter, Haroon Rashid, the son of late Ghazi Abdul Rashid of Lal Masjid, filed a contempt of court application with the IHC alleging disobedience on part of Islamabad police for registering FIR against former military dictator Pervez Musharraf in the case of murdering Ghazi Abdul Rashi and his mother despite court orders.
An IHC bench on July 12, 2013 had directed the Islamabad police to record version of the petitioner Haroon Rashid and register FIR, if any cognizable offence was made. The petitioner Haroon Rashid through his counsel Tariq Asad advocate adopted before the court that consequential to the court orders they went to Abpara police and recorded their version but the Islamabad police yet not implemented court orders.