LHC moved for withdrawal of cases against Taliban extradition

LAHORE - An application has been filed in the Lahore High Court for withdrawing all cases pending in the court against possible extradition of 10 arrested Afghan Talibans to the United States of America. Petitioner Khalid Khawaja of Defence Human Rights Commission had filed the petition challenging possible handing over of top Afghan Taliban Mullah Abdul Ghani Baradar and four others to the US. However on Monday the petitioners counsel Tariq Asad advocate filed the application for withdrawal of the cases without mentioning any reasons. Advocate Tariq Asad later appearing in the chamber of Chief Justice Khawaja Muhammad Sharif sought adjournment of hearing on the application till May 4, saying that he was waiting for final 'instructions from the petitioner for withdrawal of the cases. Now, hearing on the application has been postponed will resume along with the main petition, which is fixed for May 4. The sources disclosed that the families of the petitioner and the lawyer were receiving threats from Taliban asking to withdraw the petitions. It is said that petitioner Khalid Khawaja is allegedly in custody of Talibans for the last one-month and they are asking for withdrawing the cases as they did not want proceedings on the petitions. In his chamber the Chief Justice questioned the lawyers about the reasons behind the decision of withdrawing the cases. The lawyers however sought some time asking for its adjournment. The main petition of Khalid Khawaja included names of arrested Taliban namely Mullah Abdul Ghani Baradar, Mullah Abdul Salam, Maulvi Kabir, Mullah Muhammad and Ameer Muawiyia. The petitioner had requested the court to restrain government from handing over the detainees to any other foreign country. On this, the LHC Chief Justice had temporarily restrained the federal and the provincial authorities from handing over the said detainees to any foreign country. The petition said police arrested the Taliban leaders but did not produce them before any court in Pakistan. It is unlawful and flagrant violation of the constitution of Pakistan to keep the arrested persons in custody without presenting them before court of law, the counsel said. Later, the petitioner had filed a civil miscellaneous application into his main petition seeking stopping extradition of five other Taliban leaders who were arrested afterwards. They included Tayyab Agha, Hakeemuddin-Mahsood, Mullah Tayyab Popalzai, Abdul Qayyum Zakir and Musa. The Taliban leaders had been part of the Taliban regime before their government was toppled by the US after incident of 9/11 and now they were arrested by US and Pakistani during on going war on terror. The petitioner had requested the court to bar foreign agencies from interrogating the Afghan detainees and issue directions that only intelligence agencies of Pakistan should conduct their interrogation.

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