SC issues notice to Lakhvi over federal govt's plea

Apex court directs lower courts to not pass any orders on alleged Mumbai attacks mastermind's bail in other cases

ISLAMABAD: The Supreme Court has issued a notice to alleged Mumbai attacks mastermind Zakiur Rehman Lakhvi over the federal government's plea against the suspension of a detention order for him.

A two-judge bench of the apex court, headed by Justice Jawwad S Khawaja, on Tuesday directed lower courts not to pass any orders on Lakhvi's bail application in other cases.

Earlier, the bench was informed that a special judicial magistrate is hearing his bail plea today.

During the hearing, the bench observed that prima facie (at first sight), it is the prerogative of the federal government to decide on the detention of any person.

The hearing of the case was adjourned till Wednesday.

Lakhvi was previously arrested in connection with criminal proceedings initiated with regard to terror attacks in Mumbai on November 26, 2008.

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 stated.

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 the 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.