January 31, 2008	Thursday	Muharram 21, 1429

LAHORE, Jan 30: Lawyers plan to file a petition before the deposed judges of the Lahore High Court for the release of Supreme Court Bar Association President Aitzaz Ahsan — being kept under detention since Nov 3.

“We are watching closely what the government is doing. If it extends his (Aitzaz’s) detention beyond 90 days, we are going to file a petition before the deposed judges,” said Supreme Court Bar Association media adviser Muhammad Azhar.

The Home Department has thrice extended Mr Aitzaz’s detention in the backdrop of his role in the March 9 movement.

Article 10 of the Constitution, dealing with detention issue, says a person could not be detained under a preventive law for more than 90 days unless he or she is brought before a review board. If a person had been detained under a provincial pre-emptive law, he would be presented before a review board comprising judges of a high court.

Similarly, a person detained under a federal pre-emptive law like that of Security of Pakistan Act or Defence of Pakistan Ordinance, he or she would be presented before a review board headed by a Supreme Court judge.

Azhar said the government was bound by the Constitution to present Aitzaz before a review board comprising judges of the high court because of his detention under the Maintenance of Public Order (Ordinance), which was a provincial law.

Since the lawyers did not recognise the judges, who took oath under the PCO in the wake of imposition of emergency rule in the country, they decided to move the deposed judges instead, he said.

The government was also keeping the deposed judges, including the Justice Iftikhar Mohammad Chaudhry, under unlawful detention, Azhar said. He added the lawyers would also chalk out a strategy soon to take steps for the release of the judges and lawyers, including Ali Ahmad Kurd, Munir A Malik and Justice Tariq Mahmood (retired).