Inciting public to raise funds in name of jihad similar to sedition, says LHC

Court observes only state can raise funds in case of war and not a private organization

The Lahore High Court on Wednesday ruled that inciting public to raise funds in the name of jihad might be considered as ‘baghawat’ [sedition] in an Islamic state.

The high court gave the ruling while hearing an appeal moved by two convicted men affiliated with the proscribed Tehreek-e-Taliban Pakistan (TTP).

An LHC division bench comprising Justice Sardar Ahmed Naeem and Justice Ali Baqir Najafi dismissed appeals of Muhammad Ibrahim and Ubaid-ur-Rehman against their conviction.

An Anti-Terrorism Court on December 1, 2021, had convicted both Ibrahim and Ubaid and awarded them more than five-year imprisonment each under the Anti-Terrorism Act, 1997. It also imposed a Rs100,000 fine on both individuals under different sections of the relevant law. The two convicts were found guilty of propagating for the proscribed organization and collecting funds for it in Sargodha district.

The bench ruled that collecting national funds for a declared war may be done only by the state. However, it could not be raised privately by any organization, it added.  

The decision may come as a landmark judgment at a time when the government has halted the negotiations with the banned Tehreek-e-Taliban Pakistan (TTP).

The convicts challenged the decision of the trial court before the LHC through their counsels and submitted that no such occurrence took place. They said that a false story regarding recovery and arrest proceedings was concocted by the Counter Terrorism Department (CTD) officials at the orders of their superiors.

The appellants said that nothing was recovered from their possession. They added a fake recovery was planted upon them by the CTD officials to strengthen the prosecution’s case. Both Muhammad Ibrahim and Ubaid-ur-Rehman denied their affiliation with any banned organization. Ibrahim said that his signatures on the receipts were forcibly obtained while sitting at the Counter Terrorism Department office.

They also argued that no other donors were arrested, and no person to whom the funds were transferred was arrested. The convicts said that proof of membership was recovered from the possession of the appellants.

Moreover, the verdict cited the police as having said that they received information on November 6, 2020, that a person claiming to be a TTP member was present at Head Pakka Pul Nehar, and was inducing and inciting the people in the name of Jihad. They said he was distributing pamphlets of the banned organization and was raising funds.

After hearing both sides, the bench held that prosecution proved its case against the appellants on the basis of direct evidence beyond reasonable doubt and dismissed their appeals.