Detention order must cite reasons: LHC

Hearing put off till March 27 due to shortage of time


Our Correspondent March 22, 2017
Jamaatud Dawa (JuD) chief Hafiz Muhammad Saeed. PHOTO: AFP

LAHORE: The Lahore High Court has sought legal reasons from the home department for putting Jamaatud Dawa (JuD) chief Hafiz Muhammad Saeed and his four aides under house arrest.

Hearing the plea against the detention of JuD leaders on Tuesday, Justice Syed Kazim Raza Shamsi pointed out that according to law, the order for detention should contain the reasons behind detaining someone under Section 11EEE(I) of the Anti Terrorism Act, 1997.

When Saeed’s counsel Advocate AK Dogar contended his clients were serving humanity, the judge remarked that in the line of service, some steps were taken which went beyond the service and create disturbance.

On behalf of the Punjab Home Department, a law officer told the court the suspects were detained on information given by the federal government that the JuD and its charitable wing, Falah-e-Insaniat Foundation, were engaged in certain activities detrimental to peace and security and in violation of international obligations.

Being active members of these organisations, he said the petitioners’ activities needed to be closely monitored in national interest. The petitioners’ names were placed on the list of 4th Schedule suspects and they were detained for a period of 90 days on January 30.

Requesting the court to dismiss the petition, he said the suspects could file representations against their detention before the home secretary according to the law.

Advocate Dogar alleged his clients were detained under pressure from the US and India. He said if the government found anything wrong, it should deal with the petitioners according to local laws instead of international obligations.

In 2009, the counsel argued, Saeed was put under house arrest despite his organisation being banned but a full bench of the LHC had declared the detention illegal, as the government failed to present any proof of his involvement in terrorism.

While Dogar was continuing his arguments, the court put off the hearing till March 27 due to shortage of time.

On January 30, the petitioners were put under house arrest for 90 days on the recommendations of the federal interior ministry.

Published in The Express Tribune, March 22nd, 2017.

COMMENTS (1)

Sabi | 7 years ago | Reply With this kind of judiciary forget about Jinnah's liberal Pakistan.
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