[The News (Pak)] The Lahore High Court on Monday admitted for regular hearing a petition challenging the detention of the aeer of the banned Jamat-ud-Daawa, Hafiz Mohammad Saeed, and three other leaders Col (retd) Nazeer Ahmad, Mufti Abdul Rehman and Ameer Hamza. The court directed the provincial government to file its reply regarding the detention of these persons till April 16. The court has fixed April 20 for further proceedings on the petition. The court turned down the request of petitioner counsel A.K Dogar requesting for production of Hafiz Saeed before the court and hold proceedings in his presence.
On this point, the court sought reply from the provincial government. Punjab acting advocate general Hanif Khatana informed the court that due to security reasons Hafiz Saeed could not be produced. After the statement of Mr. Khatana, the court, if need be, will hear Hafiz Saeed in person.
Mr. Dogar moved the petition under Article 199(1)(b)(i) of the constitution seeking directions that the petitioners in custody within territorial jurisdiction of the court be brought before it so that the court might satisfy itself that they were being held in custody without lawful authority and in an unlawful manner.
He said that the detention of the petitioners issued on Jan-9 and March-9, 2009 by the Home Department were without lawful authority and of no legal effect. He submitted that Hafiz Saeed had earlier been detained by the government of Pervez Musharraf but was released by of the Lahore High Court observing that there was no allegation on the record against the petitioner or his organization.
The counsel said the LHC had also observed that JD had never been involved in any terrorist activities in Pakistan and no FIR had ever been registered against his organization or any of the persons under arrest. He said there was no finding of any blood-shed, terrorism or destruction of property anywhere in the country. He claimed that the JD was an independent organization and it had no connection with Lashkar-e-Tayyaba.
He said on January 9, 2009, the Punjab home secretary had passed another order of two-month detention against Hafiz Saeed, Col. Nazeer Ahmad, Ameer Hamza, Qazi Kashif, Mufti Abdul Rehman and Qari Yaseen Baloch.
He said for their release a representation was filed before the home department, Punjab, which remained pending for quite some time but no action was taken upon it. Later, a petition was filed before the LHC which was disposed of on the ground that the home department secretary would decide the matter within one week.
Since the period of two months came to an end, a review board comprising three judges of the Lahore High Court on March 9, held in camera proceedings during which even the counsel was not allowed to represent the petitioners.