Punjab home secy directed to decide detained JuD leaders representation

LAHORE: The Lahore High Court on Thursday directed the Punjab home secretary to decide by Sept 11 a representation of Jamatud Dawa (Jud) chief Hafiz Saeed and its four other leaders against their detention. Justice Syed Mazahar Ali Akbar Naqvi passed the order on a writ petition of the JuD leaders challenging their detention orders issued on July 28, 2017, under Section 1 of Section 3 of Maintenance of Public Order, 1960, for a period of next 60 days.

Advocate AK Dogar appeared on behalf of the petitioners and stated that there was no evidence whatsoever that the petitioners were planning to spread chaos in the country or that they had planned violent demonstrations. He said the government in the impugned detention orders had only shown apprehension against the petitioners. However, he said, under the law no presumption and assumption could give rise to any apprehension unless it was supported by some piece of evidence. The counsel argued that an order of preventive detention had to satisfy the requirements laid down by the Supreme Court in its many judgments, but in the instant case blatant violation of laws had been committed by the government. He said imprisonment without trial and conviction was prima facie unlawful and unconstitutional.

Advocate Dogar also alleged that the government detained the petitioners to please India and America only as different courts of the country in the past had already declared detention of JuD leaders illegal after government failed to prove its charges. He told the court that a departmental representation against the detention was filed before the home secretary on Aug 3 but no action had been taken so far. He asked the court to set aside the impugned detention orders for being issued without lawful authority and of no legal effect.

A law officer told the court that the home secretary was set to hear the petitioners’ representation on Sept 11. At this, Justice Naqvi adjourned the hearing of the writ petition till Sept 12, directing the home secretary to decide the representation of the petitioners on the given date.