Mumbai attacks: Adviser suggests Pakistan should not defend Hafiz Saeed
Amicus Curiae says unlike ISI chief, officers, Pakistan should not defend Hafiz Saeed due to UN resolutions on terror.
Hafez Saeed says as a citizen of Pakistan he enjoys the same rights as ISI chief, officers and that the government should also provide him with legal assistance. PHOTO: REUTERS/FILE
LAHORE:
The Lahore High Court Chief Justice Umar Ata Bandial on Friday told the counsel for Jamatud Dawa chief Hafiz Saeed, to prove under international laws why the government should provide him with directions on legal assistance for fighting a case in an American court.
CJ Bandial was holding proceedings on petition filed by Hafiz Saeed wherein he sought directions from the federal government to provide him with legal assistance in order to defend a Pakistani citizen before an American court, just like the state is providing assistance to former Inter-Services Intelligence (ISI) director general and other officers.
However, an Amicus Curiae appointed by the court suggested on Friday that the federal government should not involve itself in this particular case. He argued that providing legal assistance to Saeed in the law suit filed by relatives of US nationals killed in the Mumbai 2008 attacks, would harm Pakistan.
Amicus Curiae Ahmar Bilal Sufi said that the United Nations Organisation (UNO) had unanimously approved a resolution against terrorism and being a member Pakistan was bound to obey the resolution.
Sufi pointed out that India had tried to link Pakistan with al Qaeda and filed a suit in the US court where it claimed Pakistan’s land was involved in spreading terrorism. The Amicus Curiae argued that if the Pakistan state were to provide Saeed with legal assistance, the Indian case would be strengthened.
At this, the court observed that the government should take up the matter at international forums and prove that Pakistan was not involved in terrorism. “Government should highlight the view that Pakistan itself is a victim of terrorism and fighting against it.”
US nationals Rabbi Gabriel Noah Holtzberg and his wife Rivka were killed by militants in Mumbai attacks. Their son Moshe survived in the attack and he along with other persons filed nine claims against banned outfit Lashkar-e-Tayyaba (LeT), Hafiz Muhammad Saeed, Zakiur Rehman Lakhvi, Azam Cheema and Sajid Majid as well as the ISI, its former chief Nadeem Taj and Lt-Gen Ahmed Shuja Pasha. Additionally two other officers, Major Iqbal and Major Sameer Ali, were also nominated and alleged to be a part of the ISI. They were accused of providing material support for the Mumbai 2008 attacks.
For each of the claims, the plaintiffs have sought damages of 75,000 US dollars.
Hafiz Saeed in his petition before the LHC submitted that he was the head of Jamatud Dawa, a charitable organisation, and had no link with Lashkar-e-Tayyaba.
The petitioner stated that on Dec 16, 2010 he was served with summons from United States District Court in connection with a case relating to Mumbai attacks. He said on Dec 31, 2010 the federal government announced to defend legal suit against other parties including ISI head Lt. Gen. Ahmed Shuja Pasha.
Saeed had pleaded that he is a citizen of Pakistan and enjoys the same rights as any other individual. He demanded that the government should also defend him in the same manner as it was defending the ISI chiefs and other officials.
The court adjourned the hearing till March 7.
The Lahore High Court Chief Justice Umar Ata Bandial on Friday told the counsel for Jamatud Dawa chief Hafiz Saeed, to prove under international laws why the government should provide him with directions on legal assistance for fighting a case in an American court.
CJ Bandial was holding proceedings on petition filed by Hafiz Saeed wherein he sought directions from the federal government to provide him with legal assistance in order to defend a Pakistani citizen before an American court, just like the state is providing assistance to former Inter-Services Intelligence (ISI) director general and other officers.
However, an Amicus Curiae appointed by the court suggested on Friday that the federal government should not involve itself in this particular case. He argued that providing legal assistance to Saeed in the law suit filed by relatives of US nationals killed in the Mumbai 2008 attacks, would harm Pakistan.
Amicus Curiae Ahmar Bilal Sufi said that the United Nations Organisation (UNO) had unanimously approved a resolution against terrorism and being a member Pakistan was bound to obey the resolution.
Sufi pointed out that India had tried to link Pakistan with al Qaeda and filed a suit in the US court where it claimed Pakistan’s land was involved in spreading terrorism. The Amicus Curiae argued that if the Pakistan state were to provide Saeed with legal assistance, the Indian case would be strengthened.
At this, the court observed that the government should take up the matter at international forums and prove that Pakistan was not involved in terrorism. “Government should highlight the view that Pakistan itself is a victim of terrorism and fighting against it.”
US nationals Rabbi Gabriel Noah Holtzberg and his wife Rivka were killed by militants in Mumbai attacks. Their son Moshe survived in the attack and he along with other persons filed nine claims against banned outfit Lashkar-e-Tayyaba (LeT), Hafiz Muhammad Saeed, Zakiur Rehman Lakhvi, Azam Cheema and Sajid Majid as well as the ISI, its former chief Nadeem Taj and Lt-Gen Ahmed Shuja Pasha. Additionally two other officers, Major Iqbal and Major Sameer Ali, were also nominated and alleged to be a part of the ISI. They were accused of providing material support for the Mumbai 2008 attacks.
For each of the claims, the plaintiffs have sought damages of 75,000 US dollars.
Hafiz Saeed in his petition before the LHC submitted that he was the head of Jamatud Dawa, a charitable organisation, and had no link with Lashkar-e-Tayyaba.
The petitioner stated that on Dec 16, 2010 he was served with summons from United States District Court in connection with a case relating to Mumbai attacks. He said on Dec 31, 2010 the federal government announced to defend legal suit against other parties including ISI head Lt. Gen. Ahmed Shuja Pasha.
Saeed had pleaded that he is a citizen of Pakistan and enjoys the same rights as any other individual. He demanded that the government should also defend him in the same manner as it was defending the ISI chiefs and other officials.
The court adjourned the hearing till March 7.