Petitioners say Islamabad court suspension order is illegal, passed without due consideration of relevant facts.. PHOTO: AFP
The appeal was moved on behalf of secretary interior, district magistrate ICT and SSP Islamabad against the Islamabad High Court order.
The petitioners contended that high court’s order was illegal and liable to be set aside, adding that the court had passed the order on a complete misreading of the law, without due consideration of the relevant facts and circumstances.
The petition stated, without prejudice to the case registered against the respondent under the law, that Lakhvi is accused in an offence committed outside Pakistan. Pakistan has international obligations which exclusively fall within the executive domain i.e “external affairs of Pakistan” as set under Article 10(4) of the constitution.
The government also said that it is a well settled law that in such matters the courts should follow the footsteps of the executive and should not appeal against the decision of the executive, adding that in such matters the courts exercise judicial restraint and the remedy under Article 199, being discretionary, is not to be obliged as a matter of course, therefore, the impugned order is liable to set aside on this ground alone.
The federal authorities added the high court had clearly acted without jurisdiction and had erred in law by failing to take into account that Lakhvi had alternate remedy which he availed by making an representation to interior ministry, therefore, a writ petition by him was premature at this stage.
"The respondent did not mention in the high court that he was denied the opportunity to make a representation as provided by law," the government said.
It was also stated that the order was passed in violation of mandatory provisions of Article 199 of the constitution, therefore, is ex-facie arbitrary, fanciful and unreasoned and should be set aside.
COMMENTS (6)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
1730959638-0/trump-(19)1730959638-0-165x106.webp "article")
1732436825-0/BeFunk_§_]__-(47)1732436825-0.jpg "bushra bibi gandapur exchange heated words over d chowk protest")
1732438009-0/BeFunk_§_]__-(48)1732438009-0.jpg "lahore tops list of world s most polluted cities aqi hits 354")
@Bewildered: Its rather naive and senseless to try to compare two completely unrelated cases orrespective of the outcome. However just to humour you, Modi went through 10 years of being investigated while the Congress was at the helm in india and used the CBI and all other agencies as their own private investigators to find dirt and were unable to find anything.
Comparing this to the non existent investigation carried out by pakistani authorities on a pakiatani national for a terrorist attack in india which is considered as a perenial enemy by most pakistanis requires a huge leap of faith. The comparison you have put across defies logic and is actually comical.
Its almost blatantly obvious that Pakistan does not want to investigate the mumbai attacks cause its a can of worms that will implicate many people in Pakistan thus they are just trying to keep Lakhvi in jail for unrelated incidents for public consumption.
This govt under Nawaz Sharif does not know what to do, how to do. It just works under pressure - sometimes from India, sometimes from hardliners, sometimes from Imran Khan. As a citizen I believe if there is evidence against Lakhvi, he should be tried without any pressure.
As per Pak Foreign Office the key suspect in Samjhota Express attack was also set free on bail! Why such a hue and cry on Lakhvi?
I don't think Pakistan has learned its lessons on harboring terrorists. Shame really !!
Oh! The Govt is obliged to her friend's call from across the border, who is throwing tantrums now.