Mumbai attacks: High court seeks reply from Defence Ministry

Hafiz Saeed’s petition for legal assistance adjourned till April 9.

LAHORE:

The Lahore High Court (LHC) on Tuesday sought a reply from the Defence Ministry in a petition filed by Jamatud Dawa Chief Hafiz Saeed seeking direction from the federal government to defend him before an United States (US) court which had summoned him in the Mumbai attacks case. Inter-Services Intelligence (ISI) Chief Ahmed Shuja Pasha and other officials have also been summoned in the law suit filed by the relatives of the US nationals killed in the attacks.

The LHC’s Justice Umar Ata Bandial issued the order after a Deputy Attorney General submitted a written reply on behalf of the Interior Ministry stating that the ministry had nothing to do with providing a lawyer or legal assistance to anyone involved in a law suit pending in the US.

Saeed’s lawyer argued that the issue might be related to the Defence Ministry so a reply should be sought from it. The justice accepted the plea and asked for a reply from the Defence Ministry for April 9.

US nationals Rabbi Gabriel Holtzberg and his wife Rivka were killed in the Mumbai attacks. Moshe, their son, survived the attack and along with others filed nine claims.

Claims have been filed against Hafiz Saeed as the head of Lashkare Tayyaba (LeT), Zakiur Rehman Lakhvi, Azam Cheema and Sajid Majid as well as the ISI, its former chief Nadeem Taj and its current head Pasha. Claims have also been filed against Major Iqbal and Major Sameer Ali who are alleged to be part of the ISI.

All defendants are accused of providing material support for the Mumbai attacks. The plaintiffs have sought $75,000 for each claim filed.

Saeed, through his counsel AK Dogar, had pled that he is the head of Jamatud Dawa, a charitable organisation which had no links with the (LeT).

He said that the government had detained him in 2009 and a full bench of the LHC had ordered his release after observing that there was no evidence linking him with Al-Qaeda or any other terrorist organisation.

Saeed submitted that as a citizen of Pakistan he enjoys the same rights as any other individual.

Under Article 25 of the Constitution, he said, all citizens are equal before law and are entitled to equal protection by the law.

Saeed prayed that the federal government be directed to defend him before the US court in the same manner as the ISI officials are being protected.

Published in The Express Tribune, March 30^th, 2011.