Staff Reporter Islamabad
The Supreme Court (SC) on Tuesday remanded the matter of Saad Hussain Rizvi’s release, chief of the proscribed Tehreek-i-Labbaik Pakistan (TLP), to the Lahore High Court (LHC) for a two-member special bench to decide after hearing arguments from both sides.
The Punjab government had approached the SC on Monday, challenging an October 1 LHC decision whereby Rizvi’s detention was set aside and declared illegal in response to a plea filed by Rizvi’s uncle against his continued incarceration.
The provincial government had argued in its petition that legal requirements were not met in the LHC’s direction, paving the way for the TLP chief’s release.
Additionally, it said there were reports by intelligence agencies that Rizvi’s continued detention was necessary to prevent workers of the proscribed organisation to create a law and order situation.
In Tuesday’s hearing, conducted by Justice Ijazul Ahsan and Justice Syed Mazahar Ali Akbar Naqvi, the government’s lawyer argued that 12 people including three police officers had lost their lives in the violence during the TLP protests in April.
He added that the LHC review board had not extended Rizvi’s detention. Justice Ahsan questioned the government lawyer on whether a gazette notification of detention had been issued according to the anti-terrorism provisions to which he was told that it had been.
Advocate Burhan Moazzam Malik, counsel for Rizvi’s uncle, argued that “the government does not have the authority to extend detention after 90 days.”
Justice Naqvi opined that “maybe the case was not handled properly by both parties”.
“You [at least] admit that the events in the past happened (violence in TLP protests)?” he questioned.
Malik responded that Rizvi was in jail before the riots started. “Saad Rizvi has been in jail for six months without any reason,” he said.
The SC bench noted that no injustice will be allowed to happen with anyone and remanded the matter to the LHC for a two-judge special bench to decide after hearing the case.
