Court maintains stay order

US Pak expat’s extradition

ISLAMABAD - The Islamabad High Court (IHC) on Tuesday maintained stay orders in a petition moved against extradition of a US national of Pakistan-origin Talha Haroon allegedly involved in hatching conspiracy to carry out terrorism activity in New York, USA.

Besides maintaining the stay orders, a single bench of the IHC comprising Justice Shaukat Aziz Siddiqui also directed an additional deputy commissioner (ADC) Islamabad to submit inquiry record in the matter.

Talha’s extradition to the United States was recommended by the ADC, to the federal government, on January 15 this year.

Later, Justice Siddiqui adjourned the hearing till May 9th. In Talha’s case, the US government has been seeking his extradition under the charges of facilitating ISIS for executing an attack in New York.

Earlier, the ADC of Islamabad, Abdul Sattar Eesani had recommended after conducting an inquiry, to the federal government that the accused may be extradited to the US government under Extradition Act 1972.

Haroon Rashid, father of the accused, 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 Eesani, 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 descent Pakistani, but being in the US, is holder of US passport and was living with his family in Quetta. He told the court that while he was in Pakistan, he was falsely accused of being a fugitive, while he had committed no offence in United States.

He has said that while he was in Pakistan, he has been falsely accused of conspiring with others residing in the US of planning to commit criminal offence after going to the US.

The petitioner contended that the allegations framed against the petitioner’s son were based on presumptions 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 Eesani to submit report regarding extradition of accused Talha Haroon.

Haroon added that the respondent No 4, Eesani after hearing the parties recommended/submitted report on January 15th, 2017, to the federal government that the accused might be extradited.

Petitioner argued that the current US President Donald Trump has a “very biased” and “prejudiced” policy against the Muslims and in case the petitioner’s son Talha Haroon is extradited to US, his life guaranteed under Article 9 of the Constitution of Islamic Republic of Pakistan, 1973 may be in grave danger.

Therefore, he prayed before the court to pass 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, Talha Haroon till the final adjudication of the matter.

 

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