LAHORE, June 2 The Lahore High Court ordered on Tuesday the release of Jamaatud Dawa chief Hafiz Mohammad Saeed and said there was no sufficient ground to detain and link him to the Mumbai attacks.

Justice Ijaz Ahmad Chaudhry read out the short order. Justice Hasnat Ahmad Khan and Justice Zubda-tul-Hussain were other members of the bench.

The court said “We have held that this writ petition in the form of habeas corpus is maintainable at the prima facie as the government has no sufficient grounds to detain the petitioners for the preventive measures.

“So far as the resolution of the UN is concerned, there is no matter before us about the vires and the government can act upon the same in letter and spirit if so advised. But relying on the same the detention cannot be maintained as it was even not desired thereby.”

The court also ordered the release of another leader of Jamaatud Dawa, Col (retd) Nazir Ahmad.

Earlier, the petitioner's counsel A. K. Dogar said in his closing arguments that the UN Security Council resolution 1267 which proscribed Jamaatud Dawa made no mention of detaining its members, but imposed a travel ban and arms embargo and froze their assets.

He said the Jamaat was a peaceful organisation. “We do not wield arms. Why to bother us and why to create hatred in the minds of young

sters?”

In response to government's contention that the petitioners' detention was in public interest, Mr Dogar cited a 1993 UK judgment which held that “the rule of law prevails over the public interest when prosecuting a crime”.

He submitted that the government's intention was mala fide and part of a grand plan prepared by the West to harm Islam. He said that members of Jamaatud Dawa were good Muslims who followed the example of the Holy Prophet (PBUH) described as the “single most influential figure in history” by American historian Michael H Hart.

Mr Dogar contended that victims of the Islamabad Marriott blast were bad Muslims who consumed alcohol.

Hafiz Saeed and Col (retd) Ahmad had been under house arrest since December 11 last year. On May 30, the attorney general had presented evidence in the chamber linking Jamaatud Dawa to Al Qaeda.

On May 2, a three-member review board of the LHC had extended the petitioners' detention by 60 days, while ordering the release of two other detainees.

Acting Advocate General (Punjab) Raza Farooq said that the order of the LHC review board was a collective decision of the court.

Responding to Mr Dogar's contention that the petitioners were not given access to a counsel at the time of their detention and were not informed about charges, Mr Farooq said that even if a lapse had occurred it was subsequently rectified through the present proceedings where the petitioners did have access to counsel and were informed about reasons of their detention.

Deputy Attorney General Naveed Inayat Malik cited a procedural “error” in the habeas corpus petition, and said the affidavit had been signed by a non-petitioner. Mr Dogar contended that any person having knowledge about an illegal detention could sign the affidavit.

Mr Malik said that although Mr Dogar had cited Article 10, Clauses 1 and 2 of the Constitution in defence of the petitioners, his arguments did not stand under Clause 3 which held that it was not necessary to mention grounds in the case of preventative detention.

The verdict was welcomed by JD supporters gathered in the court with shouts of Allah-o-Akbar. They held a 'victory march' in the court premises with Mr Dogar in the forefront.

AFP adds Punjab's Law Minister Rana Sanaullah said that although the government respected the court's decision, it might launch a challenge.

“There are very strong chances that the government may challenge the decision on Hafiz Saeed in order to safeguard national interest,” he said.

“Right now we are waiting for a copy of the detailed judgment,” he added.