Lahore – Lahore High Court (LHC) on Monday adjourned the hearing of a writ petition filed by Jamat ud Dawa Chief Hafiz Muhammad Saeed in which his counsel requested Justice Nasir Saeed Sheikh to transfer the case to Chief Justice Ijaz Ahmad Chaudhry because he had previously heard Hafiz’s detention case.
Hafiz filed the petition saying that being a citizen of Pakistan it was his fundamental right that he should be treated equally and federal government should defend him before an American court which had issued summons to Hafiz, ISI present head and other officials in connection with a law suit against filed by relatives of an American national killed in the Mumbai attacks. The Pakistani government had announced it would defend the DG ISI and other state officials.
In Monday’s proceedings, AK Dogar argued before Justice Nasir Saeed Sheikh to transfer the case to Justice Ijaz. The court, however, asked him to move a transfer application and adjourned the hearing.
American nationals Rabbi Gavriel Noah Holtzberg and his wife Rivka were both gunned down by militants at the Chhabad House in Mumbai. Their son Moshe was saved and he along with other persons have filed nine claims against banned outfit Lashkar-e-Tayyeba (LeT) of Hafiz Saeed, Zakiur Rehman Lakhvi, Azam Cheema and Sajid Majid as well as the ISI, its former DG Nadeem Taj and current head, Lt-Gen Ahmed Shuja Pasha and two people who it alleges are part of the ISI – Major Iqbal and Major Samir Ali. They are accused of providing material support for the 26/11 attacks. For each of the claims, the plaintiffs have asked for damages in excess of $75,000, to be awarded by a jury.
Saeed through his counsel AK Dogar said that he is head of Jamat ud Dawa, a charitable organization and has no nexus with Lashkar-e-Tayyeba. He said government had detained him in 2009 and a full bench of LHC ordered to release him, holding that there is no evidence that Saeed had any links with Al-Qaeda or any terrorist movement which could endanger the security of Pakistan except for the bald allegations being leveled by Indian lobby that they are involved in Mumbai attacks. But there is no such evidence declaring that Saeed is involved in anti-state activities and security risk.
He said on December 16 he was served a summons from United States District court calling up him as well as ISI’s past and present heads and officials in connection with a case relating to Mumbai attacks. He said on December 31 federal government announced to defend legal suit against ISI head Lt. Gen.Ahmed Shujja Pasha. Saeed said he was a citizen of Pakistan enjoying same rights as any other individual. He said government should also defend him in the same manners as it is protecting Director General Inter-Services Intelligence(ISI) and other officials. He said the Prime Minister Yousaf Raza Gilani also told the national assembly that officials of ISI could not subjected to an American court and the government would take appropriate steps to obtain dismissal of case. He said it is legal norm that access to justice is fundamental right of every citizen.
He said under article 25 of the constitution “all citizens are equal before law and are entitled to equal protection of law”. In response to summons, a reply had already been sent to American court, strongly repudiating the assumption of jurisdiction by American courts as international law does not allow exercise of jurisdiction over the person and property of other states. He prayed to the court that directions might be issued to federal government to defend him in the American court in the same manner as ISI officials were being protected.
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