Illegal detention: LHC orders caliphate aspirant’s release

Raheel has been allegedly detained for objecting to construction of a worship place

LAHORE: A division bench of Lahore High Court on Tuesday declared the detention of a man suspected of being involved in “anti-state activities and aspiring to institute a caliphate” illegal and ordered his release.

The bench headed by Justice Shahid Hameed Dar issued the order on a petition by Yasmin Kanwal against the detention of her son Qari Usama Raheel who had been held for 90 days under Section 11-EEEE of the Anti Terrorism Act 1997 (ATA). Chiniot DCO Shaukat Ali Khan Khichi had ordered Raheel to be detained on August 26 on the recommendation of the Counter Terrorism Department (CTD) district officer (DO). The DO had told him that Raheel had been working against the nation by working for a communal organisation. He said he was involved in various offences under the ATA.

In a letter, copy of which is available with The Express Tribune, the DO said Raheel had been eulogising terrorists and lambasting the state. He said he had been actively soliciting support to foment an uprising, compromise public order and disrupt supply lines. The DO said Raheel had been facilitating anti-state elements with his antics. He said he intended to overthrow the government and establish the paramountcy of his organisation. The DO said Raheel wanted to establish a self-styled caliphate.

He recommended him to be held for interrogation for 90 days under the ATA.  DCO Khichi stated in his orders that Raheel’s activities were prejudicial to public order in light of the DO’s report. While ordering his detention, he said he was completely satisfied that detaining the suspect was imperative. DCO Khichi had told the court that the suspect was a hardened criminal and had given instances of two of his antics.

Petitioner Yasmin Kanwal said her son was nabbed by CTD officials on August 24 and had been detained for 90 days under the ATA. Kanwal said he had been held at a judicial lockup since August 26. She said police had illegally detained him for objecting to the construction of an Ahmadi worship place without securing an NOC from concerned authorities. Kanwal said the Chiniot DCO’s order was illegal. She said no case had been registered against her son.

She requested the court to declare Raheel’s detention illegal and order his release. The counsel for the petitioner told the court that police harboured a grudge against Raheel for delivering azaan on a loudspeaker. Judge Dar declared the suspect’s detention illegal and unconstitutional following the conclusion of arguments.

Published in The Express Tribune, October 15^th, 2015.