The case against Hafiz Saeed

Discussion in 'Strategic & Geopolitical Issues' started by Screaming Skull, May 5, 2009.

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  1. Screaming Skull
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    Screaming Skull SENIOR MEMBER

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    5 May 2009,

    The five-month house arrest of Lashkar-e-Taiba (LeT) Chief Hafez Sayeed ends on Friday (May 8) and by the looks of it Sayeed may just be allowed to go free man in Pakistan. The 26/11 mastermind has filed a petition challenging his detention in the wake of the Mumbai attacks and the Lahore High Court in turn has referred the petition to a larger bench.

    Meanwhile, the Deputy Attorney General said that the Pakistani government had fulfilled all its responsibilities by acting against the Jamaat-ud-Dawa (JuD) and the LeT saying the United Nations had asked for a ban on the two groups not the arrest of their leaders. Sayeed was placed under house arrest on December 12 last year under the Maintenance of Public Order ordinance, which allows a person to be held for up to 90 days. Authorities subsequently sought a two-month extension in his house arrest on March 9 and this was allowed by a judicial review board of the Lahore High Court. The period will expire on May 8.

    Will LeT Chief, 26/11 accused be freed?- TIMESNOW.tv - Latest Breaking News, Big News Stories, News Videos
  2. Bill Longley
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    Bill Longley SENIOR MEMBER

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    did india provided evidence against hafiz saeed

    no

    case against him was to week

    india should have involved interpol and have given full evidence but no sir

    even what info indians gave or came on indian media was funny and un reliable
    as if the real effort for that info was to defame pakistan
    or prove incompetance of indian agencies
    Ajmal Kasab - Wikipedia, the free encyclopedia
  3. Skeptic
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    Skeptic SENIOR MEMBER

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    Hafiz Saeed was arrested by GoP after pressure was clamped up on it and He was released recently, by Lahore High Court sighting the detention as illegal and unconstitutional. Following are the reasons why I feel the entire activity was an eyewash:

    1. This is not the first time the same flow of activity has happened. Arrest / House arrest, when International pressure is applied. Cooling period, when no interrogation / investigation is conducted. Finally putting up a weak case in front of the Judiciary with enough exit clauses. Same flow of event was evident after Mumbai Train blasts and the attack on Indian Parliament.
    2. How can he govt claim that JuD is a terrorist organization, but all their leaders are innocent? Why name JuD as terrorist organization at all?
    3. JuD is clearly LeT renamed. LeT has been banned for a long long time, still an organization running in the same premises employing same individuals immediately after LeT is banned. DAWN.COM | World | Who are the Lashkar-e-Tayiba?
    4. In Lahore High Court, case was presented against Saeed on grounds that he was associated with Al-Qayeda. GoP has till date not recognized AQ as a terrorist Organization. Why put up such a weak case.
    5. Mumbai Blast or any terror activity in India was not part of the charges against Hafiz Saeed in Court. Was this not the prime reason why he was arrested in first place?
    6. None of the evidence provided by India were used in the case.
    7. JuD was allowed to participate in IDP camps, which are recruiting grounds for terrorists, while the organization was banned by the govt.

    Some startling facts exposed during trial were:

    1. AQ is not a terrorist organization in Pakistan
    2. Reluctance shown by govt. officials in pursuing the case. No-one was available to present the case on several hearings and defence lawyer allowed to influence the judiciary more and more.
    3. JuD has again changed its name and continuing its operations.
    Last edited: Jun 3, 2009
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  4. ajpirzada
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    it would have been an eyewash if our judiciary wasnt independent. but rit now gov and the world cant do much about this. decision given is in light of evidence available
  5. Skeptic
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    Skeptic SENIOR MEMBER

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    No sir, it was an eyewash because govt. itself was weakening the case, how - I have explained above. If a person commits murder and is accused of robbery that too in another locality, chances are he will walk away.
  6. ajpirzada
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    no. gov didnt have much material to prove him guilty. and there was also no related evidence available in the dosier handed over by indian authorities. GoP had to ban the organisation not because of any proof but bec of her international compultions after the UN resolution.
  7. Skeptic
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    Skeptic SENIOR MEMBER

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    Exactly my point, he was implicated for crimes he did not commit and not based on evidence available. He was not implicated for being founder of LeT but for being associated qith AQ, which is still not identified as a terrorist organization in Pakistan. So he has links with AQ but that does not make him a criminal and he goes out a free man. He is founder of LeT but that was not listed in charges against him.
  8. King Julien
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    Mr.Skeptic
    I don't see any reasons why you are burning your fingers by getting these posts..
    sooner or later people will get kashmir issue here and term saeed as a freedom fighter.
    regards
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  9. ajpirzada
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    you can read this whole article but highlighted part is the answer to ur question.

    LHC orders release of Hafiz Saeed

    Wednesday, June 03, 2009

    By our correspondent

    LAHORE: The Lahore High Court on Tuesday ordered the release of Jamatud Dawa chief Hafiz Muhammad Saeed and another leader of the group, Col (retd) Nazir Ahmad, observing that the government had insufficient grounds to detain them.

    The order was announced by a three-member full bench, headed by Justice Ejaz Ahmad Chaudhry, while accepting a habeas corpus petition filed against the detention of Hafiz Saeed through his counsel AK Dogar.

    Justice Hasnat Ahmad Khan and Justice Zubda-tul-Hussain were other members of the bench. “After hearing the learned counsel for the parties and perusal of the case law on the subject as well as the material produced by the learned law officers in chamber, for the reasons to be delivered later on, with a unanimous view, we have held that this writ petition in the form of habeas corpus is maintainable as prima facie the government has no sufficient grounds to detain the petitioners for preventive measures,” the court observed.

    It further observed: “So far as the UN resolution is concerned, there is no matter before us about its vires and the government can act upon the same in letter and spirit, if so advised, but relying upon the same their detention cannot be maintained as it was even not desired thereby.

    “Hence, this writ petition is allowed, the impugned detention orders, including the subsequent orders passed in continuation thereof are quashed and both petitioners will be released forthwith, if not required in any other case,” the judges wrote in their order. Detailed order in this case will be issued in a couple of days.

    In December 2008, the Interior Ministry had ordered the detention of six JuD leaders, including its chief Hafiz Saeed on the suspicion of his organisation’s involvement in the Mumbai attacks.

    JuD offices linked to the Mumbai attacks were also closed, a day after the outfit was declared a terrorist group by the United Nations. A review board of the Lahore High Court on May 5 extended for further 60 days the detention of Hafiz Saeed and Col (retd) Nazir Ahmed while released its two leaders Mufti Abdur Rehman and Amir Hamza.

    The board provided an opportunity to all the detainees to present their viewpoint after they were given reasons in black and white that led to their detention. Hafiz Saeed said his five-month-long detention was illegal and if there was any incriminating material against him, the government must produce it before the board. He viewed the nation neither ordered nor recommended his detention.

    Amir Hamza said he was never involved in anti-state or provocative activities while Col (retd) Nazir opined that elements who broke the country were wandering freely while its saviours had been put behind the bars.

    The board also ordered the Punjab government to provide Rs 25,000 subsistence allowance to the families of detunes while they would be kept at relevant places already declared as sub-jails.

    Under Article 10(4) of the Constitution, the chief justice of the high court forms a board consisting of a chairman and two other persons, each of whom is or has been a high court judge. The federal and the Punjab governments had taken the plea that the JuD leaders were detained after the UN resolution.

    The counsel for the petitioner, AK Dogar, had taken the plea that Hafiz Saeed had earlier been detained by the government of Pervez Musharraf but was released by the Lahore High Court, observing there was no allegation on the record against the petitioner or his organisation.

    The counsel said the LHC had also observed the JuD had never been involved in any terrorist activities or any FIR registered against it or any of the persons under detention. He said the JuD was an independent organisation and it had no connection with the Lashkar-e-Taiba.

    The counsel said the home secretary passed another order of two-month detention against Hafiz Saeed, Nazir Ahmad, Amir Hamza, Qazi Kashif, Mufti Abdul Rehman and Qari Yasin Baloch on Jan 9, 2009. A representation was filed before the Punjab home department for their release, which remained pending for quite some time and no action was taken.

    Later, a petition was filed before the LHC that was disposed of on the ground that the home secretary would decide the matter within one week.

    Since the period of two months came to an end, a review board was constituted comprising three judges of the Lahore High Court but no counsel was allowed to represent the petitioners. Only two to five minutes were allowed to every petitioner to speak before the board, the counsel said.

    However, two of the detenus, Qazi Kashif and Qari Yasin Baloch, were freed and the rest of the four were committed to house arrest for another 60 days.

    He pleaded the Government of Pakistan itself was indulging in condemnation of religious parties and was trying to present an olive branch to India and it had been influenced by the propaganda of Hindu lobby and under the influence and pressure of India had ordered its permanent representative at UN Security Council Abdullah Hussain Haroon to persuade the Security Council to ban the JuD — a charitable organisation.

    The counsel said the detention of the petitioners issued on Jan 9 and March 9, 2009 passed by the home department were without lawful authority and of no legal effect.

    Therefore, the counsel prayed to the court to issue a direction in the nature of habeas corpus, requiring the respondents that the petitioners be brought before the court and it be declared that they were being held in custody without lawful authority and in an unlawful manner.
    LHC orders release of Hafiz Saeed
  10. Always Neutral
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    Always Neutral SENIOR MEMBER

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    This guy supports TTP and BM so I think Pakistani Govt. should seriously investigate him. Sooner or later his fighters will attack US interests instead of Kashmir and that would be disastrous for Pakistan.

    Regards
  11. Skeptic
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    Skeptic SENIOR MEMBER

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    Okay this statement is divided in two parts. First what the LHC has observed and second what the counsel had to say. Read it again:

    The counsel said the LHC had also observed the JuD had never been involved in any terrorist activities or any FIR registered against it or any of the persons under detention.

    He said the JuD was an independent organisation and it had no connection with the Lashkar-e-Taiba.

    Second statement starts with HE SAID rather than what LHC has to say. I think it makes things very clear. Also try and read up about the charges pursued against JuD. They were not its ties with LeT rather ties with AQ.

    Also, maybe the prosecution failed to see some very blatant accusations:

    Is it that no FIR was lodged for this or the prosecution simply failed to bring this to court's notice. I am not blaming the judicial setup, just that if prosecution is reluctant in setting up charges, these things happen.
    Last edited: Jun 3, 2009
  12. ajpirzada
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    here you go. this is clearly against the TTP and BM ideology. but yes i also suspect this guy and gov should keep an eye on him. but unless there is no proof against him, he cant be tried just for his views.

    Hafiz Saeed says he is against suicide attacks
    Dawn Report
    Wednesday, 03 Jun, 2009 | 07:05 AM PST |
    LAHORE: Chief of the banned Jamaatud Dawa, Hafiz Mohammad Saeed, and his close aide Colonel (retd) Nazir Ahmed were released from house arrest on Tuesday on Lahore High Court orders.

    He and other key members of Jamaat were put under house arrest on December 11 last year after the United Nations declared the JD a terrorist organisation in the wake of Mumbai attacks.

    Senior Superintendent of Police (operations) Chaudhry Shafeeq Ahmed said that police personnel had not been called back for security reasons, but both men could move freely.

    Talking to newsmen after his release, Hafiz Saeed opposed suicide attacks and said he considered it his responsibility to persuade all elements fighting within Pakistan that maintaining peace was necessary.

    He said the army operation in Swat and other areas of NWFP had been launched under international pressure.

    Terming the LHC verdict a victory of truth and justice, he said his organisation was a welfare-oriented entity, which was contesting its case in the United Nations and the European Commission.

    The court decision, he said, also negated the allegation of involvement of his organisation in terrorist activities.

    He denied JD’s involvement in the Mumbai attacks and said India had failed to provide any evidence to substantiate its allegation. ‘All these charges are baseless and Dawa has been targeted merely under the influence of Indian propaganda.’

    Hafiz Saeed opposed the Indian occupation of Kashmir and vowed to continue raising his voice for the Kashmiri Muslims like Islamabad did at every forum.

    Answering a question, he said that he would contest his case if the government moved the Supreme Court against the LHC decision.

    DAWN.COM | Pakistan | Hafiz Saeed says he is against suicide attacks
  13. Skeptic
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    That is tangential to the disussion. Again, LHC has not said that JuD is not related to LeT, why would it say so when this was not even mentioned in the charges. He may support TTP and even Imran is against Army ops. This does not make anyone criminal, but seting up LeT does.
  14. ajpirzada
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    even the first part is gud enough to answers ur question. 'never been involved in any terrorist activities' and you know LeT is a terrorist organisation in Pakistan.
  15. Patriot
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    GOP has filed petetion against court verdict.
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