The Islamabad High Court (IHC) Monday reserved judgement regarding the extradition of a Pakistani origin US national Talha Haroon, who is allegedly involved in hatching a conspiracy to carry out a terrorism activity in New York, USA.
A single bench of IHC comprising Justice Mohsin Akhtar Kayani heard the petition, moved by Haroon Rashid, father of Talah, a terrorism suspect whose extradition to United States was recommended by the ADC to federal government on January 15, 2017. The court reserved the judgement after hearing the arguments in this matter.
The defence counsel argued that Talha had not been accused of committing any crime yet. The US government had been seeking Talha's extradition on the charges of facilitating ISIS for executing an attack in New York.
ADC Islamabad, Abdul Sattar Eessani after conducting an inquiry had recommended to the federal government that the accused may be extradited to the US government under Extradition Act 1972.
Haroon Rashid moved the petition through his counsel Tariq Asad Advocate and cited Federation through Secretary Ministry of Interior, Superintendent Adiala Jail Rawalpindi, District Magistrate/Deputy Commissioner Islamabad, Additional District Magistrate/Inquiry Magistrate Abdul Sattar Isani, and Director General Federal Investigation Agency as respondents.
Haroon stated in his petition that the petitioner is the father of Talha Haroon who is by descendance Pakistani, but being in USA is holder of USA passport and was living with his family in Quetta.
He told the court that while he was in Pakistan, he was falsely alleged to be a fugitive offender while he had committed no offence in the United States, but while he was in Pakistan, he has been falsely alleged to conspire with others residing in the USA to commit criminal offence after going to the USA.
The petitioner contended that the allegations framed against the petitioner's son are based on presumptions, surmises and conjectures.
He told the court that the matter was referred to district magistrate Islamabad and inquiry was conducted by Additional District Magistrate, Abdul Sattar Isani to submit report regarding extradition of accused Talha Haroon.
Haroon added that the respondent No. 4 after hearing the parties recommended/ submitted report on 15-01-2017 to the federal government that the accused may be extradited.
The petitioner argued that the present President of USA, Donald Trump has very biased and prejudiced policy against the Muslims and in case the petitioner's son Talha Haroon is extradited to USA, his life guaranteed under Article 9 of the Constitution of Islamic Republic of Pakistan, 1973 may be in grave danger.
Therefore, he prayed to the court to pass an order for the prisoner, Talha Haroon, to be discharged.
He also requested the court that it may very graciously be pleased to pass stay order against the extradition of his son till the final adjudication of the matter.
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