Govt challenges suspension of Lakhvi's detention order
Petitioners say Islamabad court suspension order is illegal, passed without due consideration of relevant facts
Petitioners say Islamabad court suspension order is illegal, passed without due consideration of relevant facts.. PHOTO: AFP
ISLAMABAD:
The government on Thursday challenged the suspension of the detention order for Zakiur Rehman Lakhvi in Supreme Court.
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.
The government on Thursday challenged the suspension of the detention order for Zakiur Rehman Lakhvi in Supreme Court.
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.