A full bench of Lahore High Court (LHC) adjourned till Monday (tomorrow), June 1, the proceedings in relation to a habeas corpus petition, challenging the detention of Chief Jamat-ud-Dawa (JD) Hafiz Muhammad Saeed and its' another leader Colonel Nazir Ahmad (Retd). During the proceedings on Saturday.
Attorney general of Pakistan and advocate general Punjab concluded their arguments and now the petitioner counsel would make his submission in reply to the federal and provincial governments stance on the petition. Earlier, attorney general Sardar Latif Khosa said that other than the UN resolution the government had enough material to keep these leaders in custody.
He termed it protective and preventive custody and not the detention for which the petitioner moved a habeas corpus petition. He said that the extension in detention was given by a three-member review board, comprising three High Court judges, and board's verdict in no stretch of imagination could be called as based on mala fide.
He said even the government is bound to follow the UN resolution on the matter and other than the UN decision, the government has enough material which could not be produced in an open court and he could produce it in camera. He said Hafiz Saeed's party was accused of involving in Mumabi attacks.
Bench inquired from him why India was not bound to follow the UN resolution on Kashmir issue. Attorney general replied that it is related to India and he has not authority to interfere in it. He also said that the action was taken as campaign against terrorism.
Petitioners' counsel AK Dogar, while opposing the law officer's idea and said that the matter is related to the liberty of two citizens and without informing them about the material made basis for detention, there is no justification to confine them at their residences. By this resolution the UN challenged the sovereignty of Pakistan and the government should not obey it, he added.
He further said that the bench should not overlook the petitioners' privilege to examine the record. The bench rose for some time during which Dogar examined in camera the record produced by Khosa. After some time the bench again assembled when the acting advocate general Punjab presented the provincial government's point of view on the petition. He had the same arguments as advanced by the attorney general.
Now on next date of hearing the petitioner counsel would address the court in reply to the counsels of federal and Punjab government. Dogar had taken the plea that UN had a biased policy towards Muslim countries and violates its own principles as in JD case. He said the UN in its resolutions did not seek detention of JD's leaders even the ban on their travelling was also violation of Article 15 of Constitution of Pakistan.
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