Keeping Lakhvi behind bars: Govt requests apex court for early hearing of plea

Federation seeks early hearing of petition against suspension of the detention order

ISLAMABAD: The federal government requested the Supreme Court on Friday to bring forward to January 5 the hearing of its appeal against the suspension of the detention order for alleged Mumbai attacks mastermind Zakiur Rehman Lakhvi.

Though Lakhvi was granted bail in December 2014 by an anti-terrorism court, the government moved to detain him under the Maintenance of Public Order (MPO). But the Islamabad High Court overturned the measure after challenging its legitimacy. The government had subsequently sought a suspension of the IHC’s order in the apex court.

Advocate on Record Siddiqui Khan Baloch moved the application for an early hearing on behalf of the interior ministry. The government has requested SC that in the interest of justice, the petition may kindly be fixed for hearing on January 5, or any other earlier date.

Bail decision challenged

The federation has already informed the apex court of its fears that the accused, along with other miscreants, might cause breach of peace. The possibility of any untoward incident cannot be ruled out, as Lakhvi is affiliated with a proscribed organisation, the petition said.

The appeal was moved on behalf of the interior secretary, district magistrate Islamabad capital territory and SSP Islamabad against the Islamabad High Court December 29 order regarding the suspension of the detention order for Lakhvi.

The government says that the respondent (Lakhvi) has misrepresented the contents of the detention order before the high court.

“The respondent did not mention in the high court that he was denied the opportunity to make a representation, as provided by law,” the federation said.

‘High court misread the law’

Adamant on keeping the alleged mastermind of Mumbai attack behind bars, the federation contended that the high court misread the law while passing the order to release Lakhvi on bail.

The petition stated that Lakhvi is accused of an offence committed outside the country, which exclusively falls within the executive domain of the “external affairs of Pakistan” as set under Article 10(4) of the Constitution. It also said that in such matters the courts should follow the footsteps of the government.

Published in The Express Tribune, January 3^rd, 2015.