IHC seeks inquiry report from ADC

Justice Shaukat suspends extradition process of US national Talha Haroon facing charges of facilitating a Daesh attack

Islamabad

An Islamabad High Court (IHC) bench here Tuesday directed additional deputy commissioner (ADC) Islamabad to submit inquiry record in the matter of a terrorism suspect whose extradition to United States was recommended by the ADC to federal government on January 15.

US government had been seeking extradition of Talha Haroon, a US national of Pakistani origin under charges of facilitating ISIS for executing an attack in New York.

Justice Shaukat Aziz Siddiqui of the IHC on March 27 suspended the extradition process and in today's proceedings, the IHC bench directed ADC to submit the inquiry record on which basis he recommended extradition of Talha Haroon to US.

It is to mention here that ministry of interior in its reply to the court has said, "As per inquiry report furnished by Additional Deputy Commissioner (G)/Inquiry Magistrate, sufficient documentary evidence is available on the record and it is safely concluded that prima facie a case is made out against the accused, therefore, the accused may be extradited to United States, in view of prima facie case as per the requirement of section 10 of the extradition Act, 1972 without prejudice to the merits of any trial that may be conducted".

Ministry of interior in its reply further said that Haroon is a US citizen by birth and therefore cannot be accorded fundamental rights and also he made no application to forgo US citizenship and he entered Pakistan on a visa.

ADC Islamabad Abdul Sattar Eessani after conducting an inquiry had recommended to the federal government that the accused may be extradited to the American government under Extradition Act 1972.

Petitioner Haroon Rashid, father of the suspect Talha Haroon, has challenged the extradition before IHC. Both father and son were US nationals of Pakistani origin and had been living in Quetta.

Petitioner has nominated secretary interior, director general Federal Investigation Agency (FIA), Adiala Jail superintendent and district administration as respondents.

Petitioner through his counsel Tariq Asad adopted before the court that his son Talha was arrested by the law enforcement authorities in September 2016 and later his extradition process was initiated. Talha Haroon is presently confined in Adiala Jail.

Petitioner said that his son did not commit any illegal thing in USA and he was falsely alleged in this matter. On a request from the US authorities, federal government had referred the matter to Islamabad district administration. ADC Eessani on January 15, 2017 recommended federal government that the accused may be extradited to the USA.

Petitioner adopted that his son is innocent and has the fundamental right related to freedom of life guaranteed to him under Article 9 read with Article 14 of the Constitution of Islamic Republic of Pakistan, 1973.

Petitioner alleged that the incumbent US President Donald Trump is biased against Muslims and in case his son is extradited to United States, his life and career will be under serious threats as he is still a youth. Ministry of interior in its reply however said that the matter is not connected whatsoever with US internal politics. The matter was adjourned till May 9.