JuD chiefs detention
Tuesday, July 14, 2009
SC seeks solid evidence
By Sohail Khan
ISLAMABAD: The Supreme Court on Monday adjourned till today (Tuesday) hearing in the appeals, filed by the federal and Punjab governments, challenging the release of Jamaatud Dawa (JuD) chief Hafiz Mohammad Saeed by the Lahore High Court. A three-member bench of the Supreme Court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Sair Ali and Justice Jawwad S Khawaja, heard the appeals.
It was contended in the appeals that JuD chief Hafiz Saeed and his close aide Col (retd) Nazir Ahmed were originally detained in the light of a UN Security Council resolution that declared the JuD a terrorist organisation.
On Monday, Punjab Advocate General Raza Farooq submitted before the court that Hafiz Muhammad Saeed was detained in the light of the UN resolution that declared the JuD a terrorist organisation as well as on the reports submitted to the review board by the intelligence agencies.
He told the court that the review board accepted the reports submitted by the intelligence agencies upon which they were detained for 60 days. The Punjab AG, however, said the Lahore High Court did not accept the intelligence agencies report. At this, the chief justice said the court has to look into the law.
Your case is not based on your own information but relies on the UN resolution, the chief justice remarked. The basis on which you are curtailing the liberty of an individual should not be based on a UN resolution, the chief justice told the AG.
Raza Farooq contended that Hafiz Muhammad Saeed was detained under the Maintenance of Public Ordinance 1960. At this, Justice Jawwad S Khawaja said the UN resolution did not talk about the detention of a person.
The court asked the Punjab AG about the detention order of December 12, 2008, and to tell whether the evidences they had provided in this regard are sufficient. The court further asked the Punjab AG to provide solid proofs of the detention.
We will not move an inch unless you provide solid evidence against the office bearers of the JuD, the chief justice remarked.Tell us the law under which the accused was detained and than fit the case of detention into the said law, the chief justice asked the AG.
Raza Farooq, however, replied that his case is totally under the MPO Ordinance 1960.The AG told the court that under the British law, the government can order detention of a person who is involved against the solidarity of the country as well as against the welfare of the people while the court cannot interfere in such matters.
Justice Jawwad S Khawaja, however, said that the British constitution is not written, while the Pakistani law is written wherein the executive and other organs of the state are bound to abide by the law of the land.
Meanwhile, the court adjourned the hearing till today (Tuesday) wherein Deputy Attorney General Shah Khawar would argue on behalf of the federal government while A K Dogar, counsel for Hafiz Muhammad Saeed, would present his arguments before the bench.
The federal and Punjab governments had filed separate appeals in the apex court against the Lahore High Courts order of June 2, 2009, that freed Hafiz Muhammad Saeed and his close aide Col (retd) Nazir Ahmed from house arrest.
JuD chiefs detention
