LAHORE
The Lahore High Court Tuesday deferred hearing of a constitutional petition challenging detention of Jamatud Dawa (JuD) chief Hafiz Muhammad Saeed and other leaders.
At the outset of the hearing, Additional Attorney General Naseer Ahmad Bhutta told the division bench headed by Justice Sadaqat Ali Khan that a federal review board had taken up the matter of the petitioners’ detention and heard the same on May 13 at Lahore registry of the Supreme Court.
He stated that since the matter was sub-judice before the review board the court should adjourn the hearing of the petition till a decision by the board.
JuD’s counsel AK Dogar argued that the detention period of the petitioners was extended without the mandatory approval of the review board. He asked the court to set aside the detention of the petitioners for being unconstitutional.
He pointed out the government formed the review board after expiry of first three-month detention period of Hafiz Saeed and others. He said the government was required to produce the detainees before a review board prior to expiry of their detention period.
The bench adjourned further hearing till May 23 and directed the government’s lawyer to submit a written reply on the matter.
The bench was hearing a petition challenging detention of Hafiz Saeed, Abdullah Ubaid, Malik Zafar Iqbal, Abdul Rehman Abid and Qazi Kashif Hussain.
In this case, the interior ministry had taken a stance that no violation of law was made in issuance of the detention orders against the petitioners. It said the detention orders were issued under section 11EE of Anti Terrorism Act 1997, which deals with the proscription of person.
The ministry said it issued the impugned notification in exercise of powers conferred by sub section (1) of section 11D of the ATA, 1997 and placed JuD and Falah-i-Insaniat Foundation (FIF) in second schedule of the Act.
It said JuD and FIF had been kept under observation on the basis of a report sent by the ministry of foreign affairs. In light of that report, the federal government had reasons to believe that JuD and FIF were engaged in certain activities which could be prejudicial to peace and security and in violation of Pakistan’s obligation to the United Nations Security Council resolution.