A Pakistani judge on Thursday refused to try Maulana Masood Azhar, the leader of banned militant outfit Jaish-e-Muhammad, on charges of making a speech against India, saying Indian Deputy Premier L.K. Advani "threatens Pakistan daily" but a case against him was never instituted by the Indian government.
"It is not a crime to make speeches against India," ruled Judge Ijaz Ahmed Chaudhry of the Lahore High Court's Multan bench, as he dismissed a case against Azhar.
Jaish is one of five militant groups outlawed by President Pervez Musharraf a year ago in a campaign to crack down on Islamic militants. It was blamed by India for an attack on its parliament in December 2001.
The judge said Advani "threatens Pakistan daily in India but Indian government never institutes any case against him." Police had registered a case against Azhar in August 2001 for delivering speeches against India in the central Pakistani city of Dera Ghazi Khan.
Azhar's counsel Sheikh Tanveer Ahmed filed a petition against the charges in the Lahore High Court last month.
"Azhar is a religious scholar who thinks 'crusade' is obligatory for every Muslim. There is no justification to institute a case ... for interpreting the message of Islam in his speeches," Ahmed said.
Altaf Shah Bukhari, counsel for
the Punjab provincial government, told the court that the Jaish leader
had made "provocative and sensational speeches which instigated students
and youths to create a law and order situation." The judge did not agree
and said "Indian leaders always make anti-Pakistan and prejudicial speeches
and they always attempt to create troubles for Pakistan.