Detention of TLP chief: SC directs LHC to constitute division bench

LAHORE: A two-member bench of the Supreme Court on Tuesday remanded the detention case of proscribed Tehreek-e-Labbaik Pakistan’s chief Saad Rizvi to the Lahore High Court with the direction to constitute a division bench for a fresh decision.

Issuing an order on the appeal of the Punjab government, the bench comprising Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi observed that the case should have been heard by the Division Bench instead of the single bench. Besides, the petitioner had not made the Punjab government a party before the LHC.

The apex court outlined questions about the retention of the petition against Rizvi's detention and the jurisdiction of the high court, so that the division bench could decide on them speedily.

Although, the bench did not mention the suspension of the LHC's order in its oral direction, legal experts believe that the decision of the single bench has become non-existent as the case has been remanded to a division bench for a fresh decision.

As the hearing of the case started, the lawyer of the Punjab government took a stand that there were reports by intelligence agencies that Rizvi's continued detention was necessary to prevent workers of the proscribed organisation from creating a law and order situation. He pointed out that 12 people, including three police officers, had lost their lives in the violence during the TLP protests in April. He said the LHC review board did not extend Saad Rizvi's detention. To a court query, the provincial law officer said a gazette notification was issued after detaining Rizvi under the provisions of Anti-Terrorism Act 1997.

The provincial law officer argued that the LHC order was a classic case of trespassing jurisdiction because the LHC seized power meant for the executive.

He said that the Lahore High Court had failed to define the basis of the judicial review and further the intention of the Parliament obtained in the law.

He argued that the single bench of the LHC had no jurisdiction to hear the matter as it contained a provision of the Anti-Terrorism Act, 1997.

The government also said in its appeal that all the legal requirements laid down in Section 11EEE of the Act have been met but the High Court allowed a judicial review, which is tantamount to questioning and expressing the intention of Parliament.

It said the chief minister did not need to bring every issue before the cabinet. It said "ex post facto " approval of the detention notification issued by the deputy commissioner does not require cabinet approval.

Advocate Burhan Moazzam Malik appeared on behalf of Rizvi's uncle Ameer Hussain and argued that the government's appeal had become ineffective since the 90-day detention period had expired and it did not have the power to extend detention after 90 days. He said there was no judicial or administrative order regarding Rizvi's detention. He asked the apex court to declare the government's appeal baseless. Justice Naqvi remarked, "Maybe the case was not dealt with properly by both the parties. Do you confess to the incidents that took place in the past?" questioned Justice Naqvi. In response to court’s query, Malik said Rizvi was behind the bars before the eruption of riots, adding that he was lodged in jail for six months without any reason.

The bench ruled that no one will be victimized. The case is being sent to the Lahore High Court for re-hearing. The single bench did not have the authority to hear the case. A division bench should be constituted for hearing.