LHC irked by extension in detention ‘without due process’

Law officer directed to present order of the review board on May 16

LAHORE: The Lahore High Court [LHC] on Thursday expressed displeasure over an extension in the detention of Jamaat-ud-Dawa [JuD] chief Hafiz Saeed and his five aides ‘without due process of law’.

Hearing a petition by Saeed and his companions who had challenged their 90-day detention and its subsequent extension on April 30 for another 90 days, an LHC division bench headed by Justice Sadaqat Ali asked how the detention was extended without the approval by a review board.

Justice Ali remarked that according to Article 10(4) of the Constitution it was necessary to present the detainees before a review board which is the competent authority to decide whether to extend the detention or not.



Article 10(4) says no law shall authorise the detention of a person for a period exceeding three months unless the appropriate review board has – after affording him an opportunity of being heard in person – reviewed his case and opined for extension in detention.

In case of a person detained under a federal law, the review board is appointed by the chief justice of Pakistan and consists of a chairman and two members – each of whom should be either a serving or a retired Supreme Court or high court judge.

In the case of a person detained under a provincial law, the board is appointed by the chief justice of the respective high court and it comprises three members – including a chairman – each of whom must be a serving or retired high court judge.

The remarks from the honourable judge came after he was informed that detention of the petitioners was extended on the orders of a federal secretary and they were not presented before any review board.

Appearing before the court, the law officer sought time from the court to submit a reply to the question. The court asked the law officer to present any order of the review board on the next date of hearing and adjourned the court till May 16.



The Ministry Of Interior on January 27 intimated the Punjab government that JuD and Falah-e-Insaniat Foundation were engaged in certain activities which could be prejudicial to peace and security and in violation of Pakistan’s obligations to the United National Security Council Resolution No 1267.

On January 28, the Punjab government placed the names of Hafiz Saeed, Abdullah Ubaid [of Faisalabad], Malik Zafar Iqbal Shahbaz and Abdul Rehman Abid [of Muridke] and Qazi Kashif Hussain [of Multan] in fourth schedule of Anti-Terrorism Act [ATA] and then put them under detention for 90 days on February 30.