The order came as Lakhvi’s two-day physical remand in the kidnapping case expired today. The physical remand was ordered when Lakhvi was awaiting release as the Islamabad High Court (IHC) had suspended his detention under the Maintenance of Public Order (MPO) law.
Although the police had asked the judicial magistrate for a five-day physical remand, the court ordered Lakhvi to a 14-day judicial remand. He will be presented in court again on Jan 15.
On December 29, a second First Information Report (FIR) was lodged against the alleged mastermind at the Golra Police Station in Islamabad. According to the FIR, Lakhvi was said to be involved in the abduction of a man named Anwar six and a half years ago.
Lakhvi’s counsel Advocate Rizwan Abbasi argued that his client has been imprisoned for the past six years and could not possibly be responsible for kidnapping Anwar.
He added that a false FIR had been registered against his client and a bogus case has been created as a result of India’s pressure on the Pakistani government. Abbasi added that the case against his client had no foundation.
Abbasi added that his client had been granted bail by the Anti-Terrorism Court (ATC) and the government is using false reasoning to keep Lakhvi behind bars.
After the ATC’s granting of post-arrest bail to Lakhvi, authorities had detained him under the Maintenance of Public Order law. But earlier this week, the Islamabad High Court (IHC) had suspended his detention order and ordered his conditional release.
Government challenges suspension of Lakhvi’s detention order
The federal government has challenged the Islamabad High Court’s suspension of detention order of Zakiur Rehman Lakhvi, the alleged mastermind of the Mumbai attacks, in the Supreme Court.
The IHC had recently suspended Lakhvi’s detention ordered under the Maintenance of Public Order (MPO) and had ordered his conditional release.
The government’s petition in the apex court stated that the IHC passed the order on a “complete mis-reading, non-reading of the law and record and without due consideration of the relevant facts and circumstances. The impugned order is therefore liable to be set aside in the interest of justice.”
The petition added that the respondent “misrepresented the contents of the detention order” and that “the contents of the detention order are detailed and well-reasoned and provide substantial grounds justifying the detention order”.
The petition further said: “The order has been passed in violation of the mandatory provisions of Article 199 of the Constitution. Sub Article 4(b) (i) of Article 199 expressly provides that where the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest or State property or of impeding the assessment or collection of public revenues; the Court can only make the interim order after recording reasons in writing that it is satisfied that the interim order would not have such affect as aforesaid. The impugned Order is therefore ex-facie arbitrary, fanciful and unreasoned and the same is liable to be set aside.”
Lakhvi’s detention orders were issued by the Islamabad district administration soon after an Anti-Terrorism Court (ATC) granted him post-arrest bail in the Mumbai attacks case on December 18. His detention orders were issued the same day.
The IHC bench on December 29 suspended the detention order after Lakhvi challenged it and ordered for his conditional release directing him to appear before the ATC during proceedings of the Mumbai attacks trial.
Lakhvi is among the seven persons charged with planning and helping carry out the 2008 Mumbai attacks. The six other men facing trial in Adiala Jail for their alleged involvement in Mumbai attacks are Hammad Amin Sadiq, Shahid Jamil Riaz, Younas Anjum, Jamil Ahmed, Mazhar Iqbal and Abdul Majid.
At the time of the attacks, Lakhvi was believed to be the operational head of the banned Laskhar-i-Taiba (LT) that has been accused by India of carrying out the attacks in the country’s financial capital.
Lakhvi along with Zarar Shah was allegedly the key planner of the attack that killed 166 people.
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