LHC orders production of Khwajas

Published December 28, 2002

LAHORE, Dec 27: The Lahore High Court on Friday ordered the production of Dr Javed Khwaja’s three family members before it on Dec 31, reportedly being interrogated by a federal investigation agency.

Justice M. Javed Buttar issued these directions to the state with an observation that the Deputy Attorney General (DAG) had failed to produce any order before the court showing the detention or arrest of Dr Umar Karar, Dr Khizar Ali and Muhammad Usman by a federal agency on allegations of being involved in anti-state activities.

DAG Malik Pervez Akhtar, while appearing on behalf of the state, produced para-wise comments to the petition filed by Amtal Khwaja against the arrest of her family members from her residence in Manawan last week. The state reiterated the plea that one of the federal investigation agencies was interrogating the three for being the foreign nationals conspiring against the country.

Once again, the name of the federal investigation agency interrogating the three accused could not be disclosed by the state counsel, seeking further time to come up with more information.

When the court showed its intentions for passing orders for the detainees’ production on Dec 31, the DAG requested for a longer adjournment. But the court disallowed the request, saying had he shown any detention order, he would have been given more time.

In a written reply to the petition, the state disclosed that the raid had been conducted for arresting such Pakistani and “foreign” nationals as were suspected to be involved in anti-state activities.

While responding to a prayer of the petitioner, the state, in its comments, offered to produce the detainees before the court for satisfying it regarding the legality of their arrest.

The allegation that neither grounds of arrest of the accused were furnished nor search warrants shown during the raid conducted at their residence last week, was refuted with a claim that such arrests were necessary for the security of the country.

According to the state, there was nothing objectionable in conducting a raid on elements working against the country’s security and maintaining ties with terrorists.

It was claimed that search of the house was necessary for the recovery of “corroboratory evidence” and it was not illegal. The state vehemently opposed the petitioner’s argument that Article 9 and 10 of the Constitution regarding the human liberty had been violated as a result of Dr Khwaja and family members’ arrest.

The petitioners’ counsel Hamid Khan requested the court to further issue orders for allowing the family members of the three detainees to meet them.

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