Islamabad - The Islamabad High Court yesterday issued a notice to the Secretary Interior in a bail petition filed by the father of a US national of Pakistani origin, Talah Haroon allegedly involved in hatching a conspiracy to carry out a terrorist activity in New York.

A single bench of IHC comprising Justice Shaukat Aziz Siddiqui conducted hearing of the petition moved by Haroon Rashid, father of Talah Haroon and directed the Secretary Interior to submit his reply until October 13 in this matter.

Haroon moved the petition through his counsel Idrees Ashraf Advocate and cited the Secretary Ministry of Interior as respondent.

He stated in his petition that his son was picked up by the agencies sometimes in the month of August 2016 and he remained in their custody for two months thereafter he was shifted to Adiala Jail Rawalpindi.

The petitioner adopted that the applicant’s son is in illegal detention since then.

He contended that the offences which the accused have been charged by the US government are not extraditable offences in view of the extradition treaty between Pakistan and the United Stated and Extradition Act, 1972.

“The requisitioning State did not appeal (if any) the deposition or statement made by any of the witnesses who had direct dealing with the accused in connection with the alleged conspiracy of terrorism. On the other hand, the requesting state relied upon the affidavits of some officials. Under the law of land, the affidavits and statements appended to the request is not admissible in Pakistan as hearsay evidence,” maintained the petitioner.

He continued that the accused is a Muslim and Pakistani who believed in peace and tranquillity on earth and respects the rights of human beings, animals and plants and he cannot think of committing such brutal activities against human beings.

Therefore, he prayed to the court that the accused may kindly be released on bail. In this matter, 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.

In the main petition, Haroon Rashid moved the court 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 by descendence Pakistani, but being in USA is the 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 the United States, but while he was in Pakistan, he has been falsely alleged to conspire with others residing in the USA to commit criminal offence after going to the 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 a report regarding extradition of accused Talha Haroon.

Haroon added that the respondent No.4 after hearing the parties recommended /submitted the 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 the 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 an order for the prisoner, Talha Haroon to be discharged.