A two-judges bench of Supreme Court of Pakistan on Tuesday (today) will hear at Lahore registry an appeal of Punjab government challenging a decision of the Lahore High Court (LHC) whereby detention of Hafiz Saad Rizvi, the leader of proscribed Tehreek-i-Labbaik Pakistan (TLP), was set aside.
A single bench of LHC on October 1 had allowed a petition of Hafiz Saad’s uncle and declared the detention of the TLP leader as unlawful and ordered his release.
An additional chief secretary home moved this appeal. Appellate counsel said the LHC impugned verdict was a case of misdirection in law since the court ruled in a conjectural manner that there was no new material for detention under section 11-EEE of the Anti-terrorism Act, 1997. He stated that the impugned decision was a classic case of excess of jurisdiction as the court usurped the authority vested in and meant for the executive.
He stated that the LHC judge failed to appreciate the basis for judicial review that was to interpret and further the intent of parliament as obtained in the statute. He stated that the government had fulfilled all the requirements of the law as envisaged in section 11-EEE but the LHC allowed judicial review, which amounted to questioning and adding to express intent of the parliament.
He further stated that the chief minister was required to bring every matter to the cabinet. He stated that the `ex post facto’ (affecting something that’s already happened) approval of the detention notification issued by the deputy commissioner did not require approval by the cabinet.
Appellate pointed out that the reports of the law enforcement agencies suggested that in the prevailing security environment release of the TLP leader would encourage intolerant and radicalized elements. He stated that the agency’s reports further said the death anniversary of Maulana Khadim Hussain Rizvi, was falling on November 19, and the presence of Hafiz Saad at the event would aggravate the law and order situation.
Counsel requested to allow this appeal and set aside the decision passed by the LHC.