On what legal grounds was Mullah Baradar released, PHC CJ asks

Published: October 31, 2013
Former Afghan Taliban commander Abdul Ghani Baradar. PHOTO: REUTERS/FILE

Former Afghan Taliban commander Abdul Ghani Baradar. PHOTO: REUTERS/FILE

PESHAWAR: Peshawar High Court (PHC) Chief Justice Dost Muhammad Khan questioned the legal grounds for the release of senior Afghan Taliban leader Mullah Abdul Ghani Baradar, Express News reported on Thursday.

Justice Khan made these remarks during the hearing of the missing persons case.

The PHC chief justice said such a decision cannot be taken without a court order, adding that neither the prime minister nor the president has the authority to order the release of such a high-profile criminal.

Pakistan announced Baradar’s release on September 20 but sources say he is still kept in a safe house and is closely watched by his Pakistani handlers.

It was earlier reported that Prime Minister Nawaz Sharif agreed to a demand by Afghan President Hamid Karzai for direct access to the Taliban leader at the trilateral summit held in London.

Afghanistan believes Baradar, who was once a close friend of the reclusive Taliban leader Mullah Mohammad Omar, has enough clout to persuade the Taliban to make peace, but his prolonged stay in Pakistan may have marred his reputation among fighters.

Missing persons

Justice Khan said if the court is not given a satisfying report over the issue of missing persons and measures taken in this regard till the next hearing, a larger bench will be constituted to hear the case.

The hearing was adjourned till December 10.

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Reader Comments (13)

  • Zaka
    Oct 31, 2013 - 1:00PM

    Where have been the courts when PMLN released Raymond Davis at midnight?Recommend

  • Omar Farooq
    Oct 31, 2013 - 2:50PM

    Who was the complainant?- Government of Pakistan.
    Complainant withdraws case, so what gives right to courts to interfere in this?

    Judge Sahib gareeb logoin ko insaaf do aur politics bund karo!


  • Gulkhaiz
    Oct 31, 2013 - 2:52PM

    The country is being massacred and we are still stuck in missing persons. And by the way laws are made to run the society and not society to run the laws.


  • Abdullah
    Oct 31, 2013 - 2:55PM

    @Zaka: It was not the government who released Raymond Davis, he was released by the court due to deal with the victims families.


  • AliKuliKhan
    Oct 31, 2013 - 2:56PM

    zaka – Raymond was released by the court. PHC CJ has asked a very pertinent question. Lets see if the CJP takes notice or will let it pass.


  • Feroz
    Oct 31, 2013 - 3:31PM

    He was never officially arrested, so where is the question of his release.


  • T-Rex
    Oct 31, 2013 - 3:56PM

    @zaka, Raymond was released only after family of the deceased struck a deal with him. Courts released him


  • ModiFied
    Oct 31, 2013 - 4:09PM

    Who says Pakistan has just one Prime Minister.. Recommend

  • g
    Oct 31, 2013 - 4:24PM

    I think this paper needs new editors. This article used the words “Taliban” and “peace” in the same sentence. That’s not correct.Recommend

  • Vineet
    Oct 31, 2013 - 6:03PM

    He may have been released on same legal grounds over which Hafiz saeed was released, I guess.


  • ali ahmed
    Oct 31, 2013 - 8:45PM

    even Prime Minister and President is unaware who released him , he is now Strategic Asset….


  • Pasanni
    Nov 1, 2013 - 12:00AM

    @Zaka,, it was not PLM-N, it was PPP :) and even then, courts released him after paying diyyat..


  • jawed sardar
    Nov 1, 2013 - 12:12AM

    Wise and couragious dicision by PHC is highly appreciated. PM or President can not order release of any criminal without proven innocent by the court of law. PM is not above the law.


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