Islamabad -  Islamabad High Court (IHC) Friday barred extradition of a Pakistani origin US national Talha Haroon allegedly involved in hatching conspiracy to carry out a terrorist activity in New York, to USA.A single bench of IHC comprising Justice Mohsin Akhtar Kayani announced the reserved verdict in the petition moved by father of Talha - a terrorism suspect whose extradition to United States was recommended by the ADC to federal government on January 15, 2017.

In his verdict, Justice Kayani observed that a citizen could not be extradited only on the basis of postal correspondence between Islamabad and Washington. The bench added that the investigation officer probing the matter in the US and Haroon’s lawyer should appear before an inquiry magistrate while the inquiry magistrate also directed to decide the case within 60 days.His counsel Advocate Idris adopted in his arguments in this connection saying that Talha had not been accused of committing any crime yet.

In Talha’s matter, the US government had been seeking his extradition under the charges of facilitating ISIS for executing an attack in New York. Earlier, the ADC of Islamabad, Abdul Sattar Eessani 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 Isani, and Director General Federal Investigation Agency as respondents. Haroon stated in his petition that the petitioner is the father of Talha Haroon who is a Pakistani, but being in USA is holder of USA passport and was living with his family in Quetta.

He told the court that while he was in Pakistan, he was falsely alleged to be a fugitive offender while he had committed no offence in United States, but while he was in Pakistan, he has been falsely alleged to conspire with others residing in USA to commit criminal offence after going to USA.

The petitioner contended that the allegations framed against the petitioner’s son above-mentioned are based on presumptions, surmises 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 Isani to submit report regarding extradition of accused Talha Haroon.Haroon added that the respondent No 4 after hearing the parties recommended/submitted report on 15-01-2017 to the Federal Government that the accused may be extradited.

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