Lakhvi’s detention: Government pleads for in-camera proceedings

Asks Islamabad High Court to keep the record of the case ‘secret’ in view of its sensitive nature

ISLAMABAD:

The government on Monday requested the Islamabad High Court (IHC) to conduct in-camera proceedings of a case involving the detention of Zakiur Rehman’s Lakhvi – the alleged mastermind of the Mumbai 2008 attacks – in view of the sensitivity of the matter.

The Islamabad administration on December 18, 2014 detained Lakhvi – under Section 3 of the Maintenance of Public Order – after he was granted post-arrest bail by an anti-terrorism court (ATC). However, an IHC judge Justice Noorul Haq N Queshi had suspended the detentions orders.

Later, the government challenged the IHC’s decision in the Supreme Court, which on January 7, 2015 set aside IHC’s orders and directed it to hear both the parties, before deciding the matter. On Monday, as the IHC’s judge Justice Qureshi resumed hearing of the case, Additional Attorney General (AAG) Afnan Karim Kundi requested the court to conduct in-camera proceedings and to keep the record of the case ‘secret’.

Islamabad’s Advocate General Mian Abdur Rauf also seconded the AAG and requested that only the petitioner’s legal counsel be granted access to the case record

However, the court said that it would announce a decision in this regard today (Tuesday).

The court also objected to the stance of the government, which had claimed before the apex court that the IHC judge [Justice Qureshi] had not heard their version while suspending Lakhvi’s detention orders on December 29.



The court remarked that the AAG did not bother to appear before the court despite receiving notices. “It has become a trend for the federation to appear before the court as and when it wants regardless of court orders, “observed Justice Qureshi.

During the proceeding, the AAG informed the court that five days are left in the expiry of detention orders [January 17], adding that while the law permits government to extend its duration, it does not follow that the government aims at further extending it.

Justice Qureshi, however, observed that the provision of detention could not be extended indefinitely. “Do you mean you have power to detain a person till death? How can liberty of a citizen be withheld?” Justice Qureshi questioned.

Appearing before the court, Lakhvi’s counsel claimed that he could present evidence showing that Islamabad is facing immense Indian pressure regarding release of his client. After the hearing, the court adjourned the matter till today (Tuesday).

Currently, Lakhvi is also on a 14-day judicial remand in Adiala Jail in connection with a six-year old kidnapping case. The case was registered by Golra police on December 29, 2014 – the day Lakhvi’s detention orders were suspended – on the complaint of Muhammad Dawood, a resident in the capital’s outskirts.

Published in The Express Tribune, January 13^th, 2015.