ISLAMABAD: A day after filing an appeal against the Dec 29 Islamabad High Court (IHC) verdict suspending the detention orders of Zakiur Rehman Lakhvi, the alleged mastermind of Mumbai attacks, the federal government requested the Supreme Court on Friday to hear the matter on an urgent basis, preferably on Jan 5.

“In the interest of justice the titled CPLA (civil petition for leave to appeal) may kindly be fixed for hearing on Jan 5 (Monday) or on any earlier date,” pleaded the fresh application moved by Advocate on Record Mohammad Siddique Khan Baloch on behalf of the government.

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The application filed under the relevant Supreme Court Rules 1980 said that several questions of public importance with regard to the constitution and law had been raised in the petition pending before the court.

In view of the grounds mentioned in the appeal, the application said, the matter in it was of urgent nature which required immediate consideration by the apex court.

On Thursday, the interior secretary, district magistrate of Islamabad Capital Territory and Senior Superintendent Police of Islamabad jointly filed an appeal in the Supreme Court against the IHC order granting conditional release of Lakhvi by suspending his detention orders issued by the Islamabad district administration soon after an anti-terrorism court (ATC) granted him bail on Dec 18.

The following day, a civil judge handed over the custody of Lakhvi to Islamabad police in connection with a six-year old ‘kidnapping’ case.

The government contended that in the aftermath of the Dec 16 Peshawar school attack there were apprehensions that Lakhvi might incite or propagate possible terrorist activities prejudicial to public peace, tranquillity and maintenance of public order.

Moreover, it said, Lakhvi was nominated in a 2009 FIR and sent to lockup on judicial remand after completing investigations. There was likelihood that the accused, along with other criminals, would cause damage to important government installations and other public places, resulting in breach of peace within the federal capital, it said, adding that possibility of any untoward incident could not be ruled out because Lakhvi was affiliated with a proscribed organisation.

Lakhvi has been behind bars since Feb 19, 2009 after an FIR was registered with the FIA’s Special Investigation Unit for allegedly training terrorists and facilitating the Mumbai attacks on Nov 26, 2008, in which 166 people were killed.

“In view of the importance of the case, it is respectfully requested that this matter (government appeal) may kindly be fixed at the earliest date,” the fresh application said.

SPECIAL BENCH: Chief Justice Nasir-ul-Mulk has constituted a special three-judge bench to hear pending appeals of convicted militants challenging the verdicts issued by the ATCs either under the Anti-Terrorism Act 1997 or the Suppression of Terrorist Activities (Special Courts) Act 1975, a law that deals with activities like sabotage, subversion and terrorism.

The bench comprising Justice Asif Saeed Khosa, Justice Iqbal Hameedur Rehman and Justice Umar Ata Bandial will take up on Monday a number of cases starting with six appeals against the issuance of death penalty by special courts.

The bench has been constituted in line with a decision taken at a meeting of chief justices of superior courts on Dec 24 in which it was held that trial of terrorism-related cases would be given priority.

The meeting also decided that offices of the Supreme Court and high courts would separate terrorism-related appeals as well as militancy-related cases so that the former could be heard on a priority basis.

Published in Dawn, January 3rd, 2015

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