LHC questions...
2017-05-12
LAHORE: A Lahore High Court division bench on Thursday expressed its concern over extension in detention of Jamatud Dawa (JuD) chief Hafiz Saeed and his aides without their appearance before a review board.
Headed by Justice Sadagat Ali Khan, the bench is hearing a petition challenging detention of Hafiz Saeed, Abdullah Ubaid, Malik Zafar Iqbal, Abdul Rehman Abid and Qazi Kashif Hussain.
During the course of arguments, Advocate A.K Dogar told the bench the governmenthad extended detention of the petitioners for another 90-day.
He said the period of the detention was extended through a notification issued by a federal secretary. The counsel argued that the detention could not be extended without approval of the review board.
The bench also expressedits concern when the government`s lawyer also confirmed that the detainees were not produced before any review board.
The bench directed the law officer to submit a written reply on extending detention period of the petitioners without the approval of a review board. Hearing was adjourned till May 16.
The Punjab government had on Jan 28, 2017 included the names of JuD chief and his associates in the fourth schedule of the Anti Terrorism Act and put them under detention for 90 days.
The petitioners` counsel argued that the government had detained JuD leaders without any justification. He said theUN resolution followed by the government did not seek detention of any citizen.
He said the detention of the JuD leaders was a simple case of mala fide intention and ulterior motive on the part of the government.
He alleged that the government had detained the petitioners to please India and US.
In this case, the ministry of interior had taken a stance that no violation of law was made in issuance of the detention orders against the petitioners. It said the detention orders were issued under section 11EE of ATA 1997, which dealt with the proscription of person.
The ministry said it issued the impugned notification in exercise of powers conferred by sub section (1) of section 11D of the ATA, 1997 and placed JuD and Falah-iInsaniat Foundation (FIF) in second schedule of the act.
It said the JuD and FIF had been kept under observation on the basis of a report sent by the ministry of foreign affairs. In light of that report, the federal government had reasons to beheve that JuDandFIFwereengaged in certain activities which could be prejudicial to peace and security and in violation of Pakistan`s obligation to the United Nations Security Council resolution.