ISLAMABAD    -   The Islamabad High Court Friday turned down a petition seeking court’s order to direct government to declare Jihad in Kashmir.

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition and dismissed the same by declaring it as non-maintainable.

The petitioner Muhammad Sharif Sabir in his petition invoked the jurisdiction of the court under Article 199 of the Constitution of Pakistan and prayed to the court to 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 AJK to establish jihadi camps in the area of AJK 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 defense of Pakistan,” said the court’s order.

It added that it is settled law that courts while exercising jurisdiction under Article 199 of the Constitution do not interfere with matters relating to foreign affairs and defense. “For what has been discussed above, the instant petition is not maintainable and therefore, accordingly dismissed,” maintained the IHC bench.