‘Personal reasons’: Two LHC judges refuse to hear Nek’s case

Judges refer the case to the Supreme Court.

LAHORE:

Both the judges in a division bench of the Lahore High Court assigned to hear an application of the Punjab government against the bail granted to Muhammad Zubair alia Nek Muhammad on Thursday recused themselves from the case.

Nek Muhammad is the alleged mastermind of the attack on Sri Lankan cricket team. Justices Shahid Hameed Dar and Anwarul Haq cited personal reasons for not hearing the case. They referred the case to the chief justice to be assigned to another bench.

Counsel of the provincial government has submitted that Nek Muhammad was the main accused Sri Lankan cricket team attack case.

He said Nek Muhammad had been arrested after he was caught on CCTV footage of the attack. He said the government had proof of his involvement in the attack but the anti-terrorism court had granted him bail without examining the evidence.

He asked the court to dismiss the bail granted to him and issue an order for his arrest.

Zubair was arrested in June 2009 for his alleged role in the brazen attack on the Sri Lankan cricket team.

Investigators alleged that he was a member of a local unit of the Taliban.

Six Sri Lankan players, including captain Mahela Jayawaredene, his deputy Kumar Sangakkara, Ajantha Mendis, Thilan Samaraweera, Tharanga Paranavitana and Chaminda Vaas had sustained injuries and six policemen were killed in the attack.



After he got bail, Zubair was released but the police arrested him under Section 3 of the Maintenance of Public Order for three months.

On completion of 90 days in detention, the government took his matter before the review board which allowed it another 30 days.

On August 30, the review board granted a further extension of one month. However on October 1, the board ordered his release. On the day, the police released him, he was detained again for one month under the MPO.

‘Party-less polls would weaken democracy’

A division bench of the LHC on Thursday adjourned for one day the hearing of petitions moved by opposition parties against the Punjab government’s plans for party-less local government elections.

Resuming his arguments on Thursday, PTI counsel Advocate Bakhtiar Kasuri said that holding party-less polls would weaken the political parties, which was against the national interest. He urged the court to order the Punjab government to conduct the polls on a party basis.

The counsel for the Lawyers’ Foundation, another petitioner, argued that the Punjab Local Government Act of 2013 went against several constitutional provisions and needed to be amended. He said local governments were the foundation of democracy. He cited examples of local government systems in various developed countries.

Chief Justice Umar Ata Bandial observed that local government polls would strengthen democracy in the country. But the courts could exercise Pakistani law only, he said. He adjourned the hearing till Friday (today).

Published in The Express Tribune, October 25^th, 2013.