LAHORE - The Lahore High Court yesterday directed Punjab government to argue whether it has powers to detain someone or it is the subject of the federal government.
A division bench headed by Justice Kazim Raza Shamsi passed the order after AK Dogar, the counsel of Hafiz Saeed, concluded his arguments in a petition challenging detention of the Jamat-ud-Dawa chief and his four aides.
A number of workers of the organisation were also present in the court during the proceedings.
Representing the detainees, AK Dogar said that the government does not have any evidence to detain his clients. Hafiz Saeed’s house in Johar Town was declared as sub-jail while four of his aides had been detained in Masjid Al-Qadsia.
“UN resolution does not say that any citizen of the country be detained,” the counsel contended. It was simple mala fide intention of the government authorities to put them under detention despite that Hafiz Saeed had never been involved in any wrong or illegal activity, he argued.
Justice Shamsi observed that the government authorities should see if there were people involved in hatching conspiracies against citizens of Pakistan. “I personally watched an Indian movie made on Hafiz Saeed in which the Indian tried to prove him a negative man,” Justice Shamsi observed.
However, the judge observed that ‘big people don’t go to the crime scene,’ and he quoted the case of PPP founder Zulfiqar Ali Bhutto saying that he was booked under abetment charges.
The judge also remarked that Hafiz Saeed, however, had never been tested and it was international pressure pouring on the Muslim world. “Trump is asserting pressure against Muslims around the world,” the bench observed.
However, the JuD chief’s counsel argued that there were several judgments of the SC which proved that imprisonment of any person without holding his trial was unlawful. In Hafiz Saeed case, it was an open reality that he had never been a risk to the state as alleged by the government, said the counsel. Only the federal government can include names of anybody in 4th schedule and not the provincial government, he maintained.
Dogar said that the Punjab government has issued notification for inclusion of names of his clients in 4th schedule which is illegal and unconstitutional. “Authorities have detained Hafiz Saeed and others only to please India and US which is tantamount to compromising out sovereignty.”
Previously, the Punjab government through its law officer told the court that Hafiz Saeed and his aides were detained for being a risk to the state. “They are involved in certain activities which could be prejudicial to peace and security and in violation of Pakistan’s obligation to the UN security resolution passed against these organisations,” the law officer addded.
He further said that they could file representations against their detention orders before the home secretary according to the law. He requested the court to dismiss the petition.
On January 28, the Punjab government had placed names of Hafiz Saeed, Abdullah Ubaid (Faisalabad), Malik Zafar Iqbal Shahbaz (Markaz Tayyaba Muridke), Abdul Rehman Abid (Markaz Tayyaba Muridke) and Qazi Kashif Hussain of Multan in fourth schedule and on February 30 had put them under detention for 90 days.
Plea against finance
minister’s powers
The Lahore High Court Monday issued notices to the federal government and finance ministry in a petition against powers of Finance Minister Ishaq Dar to present supplementary budget.
Justice Atir Mahmood passed the order on petition filed by Mahmood Akhtar Naqvi. The petitioner submitted that federal cabinet empowered the finance minister to present supplementary budget of Rs100 million and appoint heads of government institutions. He said that delegating powers of the cabinet to a minister was violation of a Supreme Court judgment. He prayed that the powers delegated to the finance minister to introduce supplementary budget be set aside for being in violation of the law. The court adjourned hearing until April 17.