November 9, 2002	Saturday	Ramazan 3,1423

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LAHORE, Nov 8: Justice Tassaduq Hussain Jilani of the Lahore High Court on Friday restrained the federal government from extraditing the former Chief Executive of the Jinnah Hospital, Dr Amir Aziz, without the leave of the court till Nov 11.

The learned judge gave the direction during the hearing of a writ petition filed by Mrs Zakia Aziz, the mother of Dr Amir Aziz, and a habeas corpus petition filed by Punjab PML-N president Khawaja Sa’ad Rafiq for the recovery and release of the doctor.

Imposing an interim restriction on the extradition of Dr Amir Aziz, the judge observed that as far as the petitioners’ prayer for an injunctive order with regard to extradition of the detenu was concerned it would be for the appropriate court to decide the question if an application was made in this behalf.

However, since the high court was presently seized of the matter of the alleged detention and keeping in view the apprehension of Dr Aziz’s family that he might be extradited without due process of law, the court was inclined to issue the directive against his extradition till the next date of hearing.

The judge directed Deputy Attorney-General Danashwar Malik to place the written reply of the federal secretary (interior) on the court record on or before the next date of hearing of the petitions.

Earlier, the DAG submitted that he had tried to contact the secretary on telephone but had been informed that the detenu was not in the custody of the federal government.

He requested the court to adjourn the case to enable him to secure the reply of the secretary in writing.

Additional Advocate-General M. Bilal submitted that he had spoken to the Punjab additional home secretary, Irfan Ali, and had been informed that the provincial government was also not aware of the whereabouts of the detenu nor any case had been registered by the police against him anywhere in the province.