ISLAMABAD: Islamabad High Court (IHC) on Monday directed the federal government not to register any new case against Zakiur Rehman Lakhvi, the alleged mastermind of the Mumbai attacks, without informing the court.
The federal government informed the court that in addition to the Mumbai attacks case, Lakhvi is facing another FIR registered against him for allegedly kidnapping an Afghan national.
The court issued the order after the petitioner’s counsel said the federal government may register another case against Lakhvi to justify his detention.
The police booked Lakhvi in the kidnapping case on December 29, the day the IHC suspended the detention order for Lakhvi.
IHC Justice Noorul Haq N. Qureshi hearing the petition filed against Lakhvi’s detention, on Monday, issued notices to secretary interior and district magistrate Islamabad and directed them to submit a reply by March 5.
In December 2014, when the Anti-Terrorism Court (ATC) granted post-arrest bail to Lakhvi in the 2008 Mumbai attacks, the federal government issued detention orders for the third time under maintenance of public order (MPO).
The IHC bench heard two separate petitions of Lakhvi. In one petition Lakhvi assailed before the IHC, his third time detention orders.
In the second petition, the accused contended that he be apprised about the number of cases registered against him throughout the country and the government may not register any new case against him without bringing it to the court’s notice. Lakhvi’s counsel Raja Rizwan Abbasi filed the petitions last week.
Regarding his second petition, the federal government submitted a report that there were two cases registered against Lakhvi.
An FIR is registered with the Federal Investigation Agency (FIA) in the Mumbai terror attacks and a second with Islamabad police for kidnapping. Justice Qureshi observed that liberty of any citizen could not be withheld.
An Anti-Terrorism Court (ATC) judge, Syed Kausar Abbas Zaidi, on December 18, 2014 granted post-arrest bail to Lakhvi against Rs1 million in surety bonds. Later, the federal government issued Lakhvi’s detention orders under section ‘3’ of the maintenance of public order (MPO). The detention orders were further extended on January 18 and February 18 for 30 days each.
Lakhvi’s counsel had already moved a petition for his acquittal in the kidnapping of Afghan national before a sessions court. He claimed that the police have no evidence against his client. By registering another case, the government can prolong Lakhvi’s detention.
Published in Dawn, March 3rd, 2015
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