SC sends Lakhvi notice on federation’s plea

Justice Khawaja said it is the govt’s prerogative to decide about the detention


Our Correspondent January 07, 2015
Justice Khawaja said it is the govt’s prerogative to decide about the detention. PHOTO: AFP

ISLAMABAD: The Supreme Court on Tuesday issued a notice to the alleged mastermind of Mumbai attacks, Zakiur Rehman Lakhvi over the federal government’s plea against the suspension of his detention orders. The top court also stopped the lower court from passing any order in Lakhvi’s bail application in a kidnapping case. Earlier, the court was informed that a special judicial magistrate is hearing his bail plea on Tuesday.

The two-judge bench of the apex court headed by Justice Jawad S Khawaja heard the federation’s appeal against the order of the Islamabad High Court suspending the detention order of Lakhvi.

The federation had filed an appeal through the interior secretary, district magistrate, Islamabad capital territory and SSP Islamabad against the IHC December 29 verdict, suspending the detention orders.

During the hearing on Tuesday, Justice Jawad S. Khawaja observed that prima facie it is the prerogative of the government to decide about the detention of any person. He pointed out that the court has to uphold Article 9 of the Constitution.

Earlier, Attorney General Salman Aslan Butt pleaded before the bench to set aside the IHC order. He submitted that Lakhvi was granted bail on December 18, 2014 in the Mumbai attack case but was detained under the Maintenance of Public Order (MPO) before his release.

The SC issued notice to the accused through Superintendent Jial, Adilala and adjourned the hearing till today (Wednesday).

IHC issues notice to Lakhvi

IHC on Tuesday issued notice to Lakhvi after the Federal Investigation Agency (FIA) challenged his bail granted by Anti Terrorism Court (ATC) last year.

A two-member bench comprising Justice Shaukat Aziz Siddiqui and Justice Amir Farooq sought Lakhvi’s reply till the next date is fixed by the registrar’s office.

On December18, 2014 ATC granted post- arrest bail to the Lakhvi, against the surety bond of Rs1 million. However, Islamabad administration issued his detention orders under Section 3 Maintenance of Public Order 3(MPO), which were suspended by Justice Noorul Haq N Qureshi of IHC.

Kidnapping case

In a kidnapping case against Lakhvi, civil judge issued notice to Golra police station and sought a detailed report today (Wednesday).

Published in The Express Tribune, January 7th, 2014.

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