Plea against Hafiz Saeed release likely today

LAHORE - The government has decided to file appeal in the Supreme Court of Pakistan against the release of banned organisation, Jamaat ud Dawa (JD) Chief, Hafiz Muhammad Saeed and his deputy Col (r) Nazir Ahmad.
They were released by a three-member Bench of the Lahore High Court on June 2 last.
According to the sources in the law department here, the release of JD leaders has been questioned on various legal and factual grounds, pleading for setting aside the LHC decision. These leaders were detained under Maintenance of Public Order (MPO) Ordinance by the Home Department in December last. The federal and Punjab governments are filing two separate petitions in the apex court. The LHC ordered release of two leaders when it was convinced that no tangible material existed to justify their detention, a factor violated the constitutional provisions about the fundamental right to life and liberty of a citizen.
It may be recalled that in the wake of Mumbai terrorist attack on November 26 last, the Government of Pakistan, complying with the instructions of the United Nations Security Council had detained the JD leaders among others besides sealing seminaries, medical aid centres, vocational institutions and other public welfare institutions operated by JD.
The Indian government, which has blamed Lashkar-e-Taiba alleged to be satellite organisation of JD, for carrying out the Mumbai attack, also accused Hafiz Saeed among the masterminds of committing the crime which claimed lives of about 170 people including 16 foreigners.
India had moved the UN body which sought a complete ban on the JD and its leadership.
So, the Government of Pakistan took a prompt action to comply with the UN order with a view to averting the chances of a major conflict between India and Pakistan and defusing the tension which gripped the two countries.
The release of Hafiz Saeed by LHC order was received by Indian Government with serious concern. A special court of India on June 23 last while proceeding with Mumbai incident, issued non-bailable warrants for arrest of 22 persons including Hafiz Saeed, and others of his organisation. Indian authorities had also hinted at approaching the Interpol for their arrest and custody as well as their production before the court.
An official of legal department on the condition of anonymity said the two appeals would be filed separately by the federal and the provincial governments in the Supreme Court in Islamabad most probably on Saturday (today). Giving some outlines of the contents, he said, the appeals would question the LHC jurisdiction to interfere in the government affairs vis-a-vis framing of national security policies besides focussing on Government of Pakistan obligations to comply with the UN resolutions and its directions thereon as a signatory to international laws and also in the light of Section 14 of its own Act framed in 1948 and Article 40 of the Constitution to implement the same.
The appeal would also focus on comparison between the Review Board Proceedings wherein detention period of the JD leaders was extended and the LHC order, which had released them in the context of the situation when the both were represented by the judges of the same court.