Share this story!            

LHC full bench issues detailed judgement in Hafiz Saeed case

Bench observes detention decision lacks solid evidence

* Bench says Pakistani laws silent on Al Qaeda being terrorist organisation
* Points out negligence in detention orders

Staff Report

LAHORE: A full bench of the Lahore High Court (LHC) on Saturday released a 20-page detailed judgment in the detention case of Jamaatud Dawa chief Hafiz Muhammad Saeed and Dawa leader Col (r) Nazir Ahmad.

The bench held that the government’s decision to detain the Dawa leaders was not based on solid evidence and the material provided by the government against them was incorrect and even prepared after their detention. The bench observed that the government had no evidence that Saeed and Nazir had any link with Al Qaeda or were involved in anti-state activities, except the ‘bald allegations’ leveled by the Indian lobby that they were involved in the Mumbai attacks.

The bench on June 2, through a short order, while accepting a habeas corpus petition, had declared the detention of both Dawa leaders illegal and had ordered their release.

The bench held the material against the petitioners was mostly based on intelligence reports, which had been obtained after four months of their detention. Moreover, these reports were found to be incorrect as nothing apprehended in the reports actually took place, it held.

The bench observed that several intelligence reports were obtained during the period when the petition was pending, apparently to cover the lacunae, but there was no solid evidence or source to supplement the reports. About the Dawa leaders’ involvement in the Mumbai attacks, the bench observed that not a single document had been brought on the record that Dawa or the petitioners were involved in the said incident.

On the government’s point of view that the leaders were detained on the United Nations’ directions, the bench observed that in the Memoona Saeed vs Government of Punjab case, it had already been held that there was no evidence that Dawa had links with Al Qaeda.

Silent laws: The bench held that the security laws and anti-terrorism laws of Pakistan were silent on Al Qaeda being a terrorist organisation.

The bench held, “Even after the perusal of these documents we do not find any material declaring that the detention was necessary for the security of the petitioners and there was no evidence that the petitioners had any links with Al Qaeda or any terrorist movement.”

The bench observed that it was mandatory for the detaining authority to provide grounds of detention, but it violated the provisions of the constitution by depriving the petitioners of an opportunity to assail their detention before a competent forum and also to know the allegations against them.

The bench held that this violation of law alone was sufficient to declare the detention of the petitioners illegal.

Negligence: The bench pointed out the negligence of the detaining authorities in issuing the detention orders. It remarked that even the second order passed by the home secretary did not contain that it was an extension of the earlier order, but from the language, it seemed to be a fresh order. This showed that the executive authorities had passed the detention orders in a careless manner, and did not even know that the detainee was already in custody. On the question of the review board’s authority to extend the detention, the bench held that the status of the board was of a recommending body.

The bare perusal of Article 8 of the Constitution revealed that a sitting judge of the LHC, nominated by the chief justice, was a member of the board but even then the LHC had set aside the order of the review board in different reported judgments. The bench remarked that even the apex court had already declared that the order of the review board was quasi-judicial and was amenable in writ jurisdiction. On the question of maintainability of the petition, the bench held that it was maintainable, as prima facie the government had no sufficient grounds to detain the petitioners as a preventive measure. The bench comprised of Justice Ijaz Ahmad Chaudhry, Justice Hasnat Ahmad Khan and Justice Zubdatul Hussain.

Home | National

Share this story!