Islamabad - The Islamabad High Court (IHC) Friday issued notices to the federation of Pakistan in an application of operational commander of banned Lashkar-e-Tayyaba (LeT) Zaki-ur-Rehman Lakhvi who moved the court challenging his detention under Maintenance of Public Order (MPO) for 30 days.
A single bench of IHC comprising Justice Noor-ul-Haq N Qureshi served the notices on the federation of Pakistan after Lakhvi challenged his detention despite bail orders issued by an anti-terrorism court (ATC) of Islamabad.
It was December 18 when ATC Judge Syed Kausar Abbas Zaidi had accepted bail plea of Lakvi against two surety bonds of Rs 0.5 million each. Then, the government issued Lakhvi’s detention orders under maintenance of public order (MPO) for 30 days.
Later, operational commander of LeT through his counsel Raja Rizwan Abbasi Advocate had challenged these detention orders before the IHC.
His counsel argued before the court that the ATC had granted bail to his client but the government is flouting the same orders by not releasing him. In his petition, Lakvhi prayed to the court that his detention orders may be annulled.
During the hearing, Justice Qureshi observed that the court cannot decide the matter without hearing version of the federal government in this matter. Therefore, the IHC single bench issued notices to the federation with directions to submit its reply till December 29 and adjourned the matter.
Meanwhile, the ATC judge Kausar Abbas has also issued five-page written verdict in which he had granted bail to Lakhvi. In the verdict, the judge noted, “From the tentative assessment of the available record including the statements so far recorded before the court, the case in hand to the extent of involvement of the accused seems to be of further inquiry, keeping in view the statements of those CID Inspectors namely Muhammad Nawaz, Saleem Ullah, Hafiz Muhammad Imran, Khadim Hussain and Tahir Hussain who have based their statements on hearsay.”
He also wrote, “It was further emphasized that the alleged confessional statement of the principle accused namely Ajmal Kasaab who was arrested in India is totally inadmissible in evidence under article 43 of Qanoon-e-Shahadat.
Judge Kausar Abbas noted, “It is also an admitted principle of law that when there is scope of further inquiry bail cannot be withheld as a punishment.”
Therefore, he wrote that on acceptance of post arrest bail petition in hand, the accused Lakhvi is hereby allowed bail subject to furnishing of bail bond for a sum of Rs 500,000 with two sureties each.
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