Jamaat-ud-Daawa chief Hafiz Mohammad Saeed, accused of playing a key role in masterminding the 26/11 attacks on Mumbai, may soon walk free.
Jamaat-ud-Daawa chief Hafiz Mohammad Saeed, accused of playing a key role in masterminding the 26/11 attacks on Mumbai, may soon walk free.
A three-member bench of the Lahore High Court ruled on Tuesday that Saeed’s detention under house arrest since December 11 was illegal and a violation of his human rights, though the Pakistani government contended that Saeed is linked to al-Qaeda and the Taliban and should remain behind bars in the country’s larger interest.
The bench, comprising justice Ijaz Ahmad Chaudhry, justice Hasnat Ahmad Khan, and justice Zubdatul Hussain, heard arguments from counsel for the petitioners after those of Pakistan’s attorney-general and decided the habeas corpus petition in Saeed’s favour. It said it had seen no evidence to continue the detention.
Despite the order, the Punjab government did not release Saeed. Provincial law minister Rana Sanaullah announced the government’s intention to challenge the order in the Supreme Court.
India reacted sharply to the decision. In a statement, foreign office spokesman Vishnu Prakash said: “These actions by Pakistan raise questions about the sincerity of its investigations into the conspiracy that executed the terrorist attack on Mumbai... Pakistan has yet to report on the progress of the investigations that she has committed to undertake into that conspiracy.”
The Pakistani foreign office, on the other hand, was blaming India for the ruling, accusing New Delhi of not sharing evidence.
In Mumbai, special public prosecutor Ujjwal Nikam said Saeed’s release will not hamper the 26/11 case proceedings. Mohammad Ajmal Amir aka Kasab, the lone terrorist captured alive after the attack, had given a judicial confession before a magistrate disclosing the role of Saeed and others in the terror strikes, Nikam said. “Ajmal had links with such people and the arrest of Saeed is very much necessary for justice,” he said. “Saeed is a wanted accused in the case and the prosecution has applied for a non-bailable warrant against him. So far the court has not issued the warrant.”
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