Khwajas move Supreme Court

Published March 18, 2003

LAHORE, March 17: Dr Ahmad Javed Khwaja and Ahmad Naveed Khwaja moved the Supreme Court on Monday against the Lahore High Court’s refusal to grant them relief.

The two Khwajas had challenged their detention under the Security of Pakistan Act 1952. The Lahore High Court had ordered the release of Dr Khizar Ali, Dr Umar Karar, and Muhammad Usman.

While seeking the leave to appeal against the LHC’s verdict, the two Khwajas submitted that the 1952 act, under which they had been detained on charges of indulging in anti-state activities, was a dead law and was not in force any more.

They argued that the LHC erred in considering their detention order as the proof of the charges levelled against them. Rather, this order was merely a statement issued by the federal government on the basis of suspicion only.

They refuted the allegation that they had links with Al Qaeda activists. The names of the people on the passports allegedly recovered from Manawan, did not have any nexus with the names of those mentioned as Al Qaeda’s hardcore terrorists in the detention report.

The two Khwajas submitted that mere recovery of foreign currency from their residence did not establish their links with Al Qaeda. Their visit to Afghanistan for providing medical aid to the injured mujahideen also did not constitute an anti-state activity.

POLL PETITION: An election tribunal of the Lahore High Court adjourned for March 27 proceedings on a petition challenging the return of PML-J president Hamid Nasir Chatha to the National Assembly.

The court was informed that the Mr Chatha’s counsel could not turn up and the evidence could not be recorded.

Petitioner Asma Abu Bakar had challenged the victory of Hamid Nasir Chatha in the October general elections on the grounds that he did not fulfil the mandatory requirements of Article 62, and 63 of the Constitution and was not entitled to become a legislator.

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