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Punjab
Court Proceedings:2009
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Date
Incidents
March - 9 
A review board of the Lahore High Court (LHC) on March 9 extended the detention of the chief of the Jama’at-ud-Da’awa (the Lashkar-e-Toiba [LeT] front), Hafiz Mohammed Saeed, and three other of its top leaders for 60 days while releasing two leaders, The News reported. The board, comprising Justice
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A review board of the Lahore High Court (LHC) on March 9 extended the detention of the chief of the Jama’at-ud-Da’awa (the Lashkar-e-Toiba [LeT] front), Hafiz Mohammed Saeed, and three other of its top leaders for 60 days while releasing two leaders, The News reported. The board, comprising Justice Mian Najam-uz-Zaman, Justice Fazal-e-Miran Chauhan and Justice Syed Shabbar Raza Rizvi, issued this order after the Home Department produced sufficient evidence against Hafiz Saeed and his associates and sought extension in their detention. The detention of Ameer Hamza, Col (retd) Nazir Ahmed, and Mufti Abdur Rehman Rehmani, has also been extended for 60 days. The board observed that the data produced before the board was sufficient for extending the period of their detention. The board further ordered the Punjab Government to provide subsistence allowance of PKR 25,000 to the families of the detenus while they would be kept at various places already declared sub-jails. In the cases of Qazi Kashif Niaz and Qari Yasin Baloch, the board opined there was no cogent evidence/material produced by the Home Department to justify extension in their detention. Under Article 10(4) of the Constitution, the chief justice of the High Court concerned would appoint a review board consisting of a chairman and two other persons, each of whom is or has been a judge of the High Court. The detention period of all detenus was to expire on March 9 midnight. In December 2008, the Interior Ministry had ordered detention of eight LeT leaders, including Hafiz Saeed, on suspicion of involvement in the Mumbai terrorist attacks in November 2008.
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April - 5 
The chief of the banned Jama’at-ud-Da’awa (the Lashkar-e-Toiba [LeT front], Hafiz Muhammad Saeed, and its three other leaders have challenged their detention before the Lahore High Court (LHC), The News reported on April 5. A petition, filed under Article 199(1)(b)(i) of the Constitution, said the p
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The chief of the banned Jama’at-ud-Da’awa (the Lashkar-e-Toiba [LeT front], Hafiz Muhammad Saeed, and its three other leaders have challenged their detention before the Lahore High Court (LHC), The News reported on April 5. A petition, filed under Article 199(1)(b)(i) of the Constitution, said the petitioners in custody within the territorial jurisdiction of the court be brought before it, so that the court could see on its own that the detainees were kept under detention unlawfully. The other leaders of the banned outfit who challenged their detention included Col (retd) Nazeer Ahmad, Mufti Abdul Rehman and Ameer Hamza. The petitioner’s counsel, A. K. Dogar, submitted that Hafiz Saeed had earlier been detained by the Government of Pervez Musharraf, but was released by the LHC, observing that there was no allegation on record against the petitioner or his organisation.
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April - 5 
The counsel said the LHC had also observed that the organisation had never been involved in any terrorist activity in Pakistan and no FIR had ever been registered against it or any of the persons under arrest. He added that there was no finding of any blood-shed, terrorism or destruction of property
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The counsel said the LHC had also observed that the organisation had never been involved in any terrorist activity in Pakistan and no FIR had ever been registered against it or any of the persons under arrest. He added that there was no finding of any blood-shed, terrorism or destruction of property anywhere in the country. He said the Jama’at-ud-Da’awa was an independent organisation which had no connection with the Lashkar-e-Toiba.
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April - 16 
The Government on April 16 released Maulana Abdul Aziz, former chief cleric of the Lal Masjid, from a sub-jail in Rawalpindi after the Supreme Court granted him bail in the last case related to the Children’s Library, The News reported. The Supreme Court had on April 15 granted him bail, but the det
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The Government on April 16 released Maulana Abdul Aziz, former chief cleric of the Lal Masjid, from a sub-jail in Rawalpindi after the Supreme Court granted him bail in the last case related to the Children’s Library, The News reported. The Supreme Court had on April 15 granted him bail, but the details of his surety bond, worth PKR 200,000, had yet to be worked out. Talking to The News, Maulana Abdul Aziz lauded the decision of the Supreme Court and said he would continue to spread the message of Islam.
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May - 5 
The Federal Investigation Agency in Rawalpindi on May 5 submitted a charge-sheet against five men accused of being involved in the terrorist attacks in Mumbai. The court will frame chares against the accused on May 12. Anti-Terrorism Court-II Judge Sakhi Mohammad Kahot, who has been conducting the t
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The Federal Investigation Agency in Rawalpindi on May 5 submitted a charge-sheet against five men accused of being involved in the terrorist attacks in Mumbai. The court will frame chares against the accused on May 12. Anti-Terrorism Court-II Judge Sakhi Mohammad Kahot, who has been conducting the trial of the accused Shahid Jameel Riaz a resident of Bahawalpur, Zakiur Rehman Lakhvi of Islamabad, Abdul Wajid alias Zarar Shah of Sheikhupura, Mazhar Iqbal alias Abu al-Qama, a resident of Islamabad, and Hammad Amin Saddiq of Karachi in Adial Jail, distributed the copies of the charge-sheet among the accused who would formally be indicted on the next date of hearing.
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May - 6 
A review board of the Lahore High Court has extended for 60 days the detention of Jama’at-ud-Da’awa (the Lashkar-e-Toiba [LeT] front) chief Hafiz Mohammed Saeed and Col (retd) Nazir Ahmed, while releasing two outfit leaders Mufti Abdur Rehman and Ameer Hamza, The News reported. The board comprising
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A review board of the Lahore High Court has extended for 60 days the detention of Jama’at-ud-Da’awa (the Lashkar-e-Toiba [LeT] front) chief Hafiz Mohammed Saeed and Col (retd) Nazir Ahmed, while releasing two outfit leaders Mufti Abdur Rehman and Ameer Hamza, The News reported. The board comprising Justice Mian Muhammad Najam-uz-Zaman, Justice Syed Shabbar Raza Rizvi and Justice Fazal-e-Miran Chohan turned down the home department’ request to extend the detention of Mufti and Hamza after feeling dissatisfied with the material produced against them. They would be released on May 6 (today) after the expiry of their detention period. In the case of Hafiz Saeed and Nazir Ahmed, the board extended their detention citing security concerns. Hafiz Saeed is reported to have stated that his five months long detention was illegal and if there was any incriminating material against him the Government must produce it before the board. He was of the view that the UN neither ordered nor recommended for his detention. Ameer Hamza said he was never involved in any anti-state or provocative activities while Col (retd) Nazir opined that elements who broke the country were roaming around freely while its saviors have been put behind the bars. In December 2008, the Interior Ministry had ordered detention of eight LeT, including Hafiz Mohammad Saeed, on the suspicion of the outfit’s involvement in the Mumbai terrorist attacks of November 2008.
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June - 2 
A full bench of the Lahore High Court (LHC) on June 2 accepted a habeas corpus petition and ordered the Government to release Jama’at-ud-Da’awa (JuD, the Lashkar-e-Toiba [LeT] front) chief Hafiz Muhammad Saeed and Col (retd) Nazir Ahmad, Daily Times reported. According to The News, the court observe
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A full bench of the Lahore High Court (LHC) on June 2 accepted a habeas corpus petition and ordered the Government to release Jama’at-ud-Da’awa (JuD, the Lashkar-e-Toiba [LeT] front) chief Hafiz Muhammad Saeed and Col (retd) Nazir Ahmad, Daily Times reported. According to The News, the court observed that “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.” “As far as the UN resolution is concerned, there is no matter before us about the vires and the government can act upon the same in letter and spirit if so advised. But relying on the same, the detention cannot be maintained, as it was even not desired thereby,” it read. During the proceedings, petitioners’ counsel A. K. Dogar had claimed the Government’s plea to detain his clients in the public interest was wrong. Members of the JuD are good Muslims who follow the example of the holy Prophet, he said, claiming it was part of a Western conspiracy to defame Islam. He said the Government had made United Nations Security Council Resolution No 1267 its basis for detaining the petitioners, even though the resolution dealt with an arms embargo, freezing the guilty party’s assets, and banning them from traveling abroad, not detention. Defending the Government, Deputy Attorney General Naveed Inayat Malik said Dogar’s arguments collapsed under Article 10(3) of the Constitution, which contended it was not necessary to show grounds for detention in the case of preventative detention. In December 2008, the Interior Ministry had ordered the detention of six JuD leaders, including its chief Hafiz Saeed, on the suspicion of his group’s involvement in the Mumbai terrorist attacks of November 26, 2008. 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 releasing its two leaders Mufti Abdur Rehman and Amir Hamza.
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July - 14 
The Government of Punjab on July 14 disassociated itself from a case challenging the Lahore High Court order that released the Jama’at-ud-Da’awa (the Lashkar-e-Toiba [LeT] front) chief Hafiz Muhammad Saeed, as it filed an application with the Supreme Court (SC) to withdraw its petition that challeng
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The Government of Punjab on July 14 disassociated itself from a case challenging the Lahore High Court order that released the Jama’at-ud-Da’awa (the Lashkar-e-Toiba [LeT] front) chief Hafiz Muhammad Saeed, as it filed an application with the Supreme Court (SC) to withdraw its petition that challenged the release, Daily Times reported. Appearing on notice, the Punjab Advocate General (AG) Raza Farooq informed the SC that the Punjab Government had decided to withdraw its petition against Saeed’s release, as it had insufficient evidence against him and his aide, Col (r) Nazir Ahmed. Appearing on the behalf of the federal Government, Deputy AG Shah Khawar requested the court for additional time to seek the Centre’s instructions on the issue. Accepting the request, the court reportedly adjourned the hearing until July 16.
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August - 3 
The federal and the Punjab governments had filed separate appeals with the Supreme Court against a Lahore High Court order freeing Hafiz Saeed and Nazir from house arrest. But the Punjab Government later moved an application for the withdrawal of its petition, and told the court that if the federal
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The federal and the Punjab governments had filed separate appeals with the Supreme Court against a Lahore High Court order freeing Hafiz Saeed and Nazir from house arrest. But the Punjab Government later moved an application for the withdrawal of its petition, and told the court that if the federal Government provided fresh evidence against Saeed, the provincial administration would reverse its decision to withdraw the appeal. In its application for the withdrawal of the appeal against Hafiz Saeed, the Punjab Government said the LeT chief and Nazir were put under house arrest on a directive by the federal Government, but the centre had “failed” to provide concrete evidence for their house arrest.
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August - 10 
Seven suspected terrorists were arrested from Bhakkar, Sargodha and Dera Ghazi Khan and two suicide jackets and explosives seized from their possession, according to Daily Times. Quoting sources in the security agencies, a private TV channel reported on August 10 that two suspected terrorists, ident
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Seven suspected terrorists were arrested from Bhakkar, Sargodha and Dera Ghazi Khan and two suicide jackets and explosives seized from their possession, according to Daily Times. Quoting sources in the security agencies, a private TV channel reported on August 10 that two suspected terrorists, identified as Muhammad Ayub and Qamar Abbas, were arrested from Bhakkar. Separately, two unidentified terrorists were arrested from Sargodha and two suicide jackets and explosives seized. In the third raid, two suspected terrorists from Dera Ghazi Khan and one from Multan were arrested. Sources said the arrested men had been shifted to Lahore for investigation. They said a crackdown was underway against banned outfits across the Punjab province following the Mian Channu bomb blast in July 2009 - in which seven people were killed – that was blamed on Master Riaz, an alleged operative of the Tehrik-e-Taliban Pakistan.
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August - 28 
The Lahore High Court has asked the authorities not to restrain the free movement of nuclear scientist Dr Abdul Qadeer Khan, Dawn reported. Justice Ijaz Ahmed Chaudhry also issued on August 28 contempt or court notices to five Police and administration officials of Islamabad on Dr Khan’s petition ch
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The Lahore High Court has asked the authorities not to restrain the free movement of nuclear scientist Dr Abdul Qadeer Khan, Dawn reported. Justice Ijaz Ahmed Chaudhry also issued on August 28 contempt or court notices to five Police and administration officials of Islamabad on Dr Khan’s petition challenging his official protocol and terming it a violation of his fundamental rights. Petitioner’s counsel Barrister Syed Ali Zafar submitted that Dr Khan had earlier filed a petition challenging his virtual house arrest by the Musharraf regime under the garb of providing security while the Islamabad High Court had declared him a free citizen. The counsel submitted that Dr Khan had agreed to a security protocol because the Government not only wanted to ensure his security owing to his sensitive status but the Islamabad High Court had also issued directions in this regard. The counsel submitted that the security protocol included conditions like informing the security agencies in advance of his movement. The authorities, however, restricted his movement to his house in violation of the court orders and the security package agreed with them. The court, after hearing the arguments, reportedly directed the Government not to restrain Dr Khan’s movement in any manner.
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September - 2 
A division bench of the Lahore High Court on September 2 granted bail to 11 activists of the Jama’at-ud-Da’awa (JD, the Lashkar-e-Toiba [LeT] front), who were in jail since the UN imposed sanctions on the JD, The News reported. Abdul Shakoor, Muhammad Hanif and others were arrested from Bahawalnagar
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A division bench of the Lahore High Court on September 2 granted bail to 11 activists of the Jama’at-ud-Da’awa (JD, the Lashkar-e-Toiba [LeT] front), who were in jail since the UN imposed sanctions on the JD, The News reported. Abdul Shakoor, Muhammad Hanif and others were arrested from Bahawalnagar under the Anti-Terrorism Act. During the course of hearing, Deputy Prosecutor General Chaudhry Jamshed argued that the JD was a banned organisation but its activists continued collecting funds, distributing religious literature and doing other activities. However, the accused-petitioner’s counsel Irshadullah Chatta stated that there was no notification regarding the ban on JD. He argued that an organisation could not be banned until a notification under Section 11 B was issued. He said the Government had already admitted in the Hafiz Saeed case that it had no substantial evidence against the JD. The bench comprising Chief Justice Khawaja Muhammad Sharif and Justice Ijaz Ahmad Chaudhry after hearing the arguments granted them bail against surety bonds of PKR 100,000 each. The released JD activists included Muhammad Siddiq, Abbas Dogar, Saeed Amir, Arif Ali, Muhammad Akram, Dr. Muhammad Iqbal, Master Abdul Shakoor and Muhammad Anwar.
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October - 12 
A division bench of the Lahore High Court on October 12 accepted two petitions moved by the Jamaat-ud-Dawa (JD, also known as Lashkar-e-Toiba [LeT]) chief Hafiz Mohammed Saeed, and quashed two criminal cases against him on charges of delivering a speech that urged Muslims to fight against the US, Is
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A division bench of the Lahore High Court on October 12 accepted two petitions moved by the Jamaat-ud-Dawa (JD, also known as Lashkar-e-Toiba [LeT]) chief Hafiz Mohammed Saeed, and quashed two criminal cases against him on charges of delivering a speech that urged Muslims to fight against the US, Israel and India, Daily Times reported. The petitioner’s lawyer, A. K. Dogar, said the cases had been registered under Section 11-F(4) of the Anti-Terrorism Act 1997, but the section was not applicable to JD, as it was “not a terrorist outfit”. The bench asked the Assistant Advocate General if he had any document to prove if JD was a banned organisation, but it was found that no such notification had been issued by the federal or provincial Governments. Aziz also said that the JD had not been included in the list of proscribed organisations, and the outfit was only on a “watch list” because of its alleged involvement in terrorism activities.
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October - 19 
A Anti-Terrorism Court in Lahore on October 19 sentenced Hijratullah, a man charged with involvement in the March 30, 2009 attack on the Manawan Police Training School in Lahore, to ten years in prison, Daily Times reported. Security Forces had arrested Hijratullah near a makeshift helipad at the Ma
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A Anti-Terrorism Court in Lahore on October 19 sentenced Hijratullah, a man charged with involvement in the March 30, 2009 attack on the Manawan Police Training School in Lahore, to ten years in prison, Daily Times reported. Security Forces had arrested Hijratullah near a makeshift helipad at the Manawan police training centre on March 30. Authorities had also confiscated grenades, daggers, a wireless device and an Afghan passport from him. However, Hijratullah was acquitted of charges in another attack on a Police Station on The Mall due to lack of evidence. At least 26 people were killed and over 150 injured in the first siege of the Manawan training school in March. Baitullah Mehsud, the late commander of Tehreek-e-Taliban Pakistan, had claimed responsibility for the attack.
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November - 25 
A day before the first anniversary of the terrorist attacks in Mumbai, an anti-terror court in Rawalpindi indicted seven persons, including Zakiur Rehman Lakhvi, ‘operations commander’ of the Lashkar-e-Toiba (LeT), for their suspected involvement in the attacks, The Hindu reported. The indictment on
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A day before the first anniversary of the terrorist attacks in Mumbai, an anti-terror court in Rawalpindi indicted seven persons, including Zakiur Rehman Lakhvi, ‘operations commander’ of the Lashkar-e-Toiba (LeT), for their suspected involvement in the attacks, The Hindu reported. The indictment on November 25, 2009 paves the way for the trial of the seven men, which may begin on December 5, the date for which the next hearing has been fixed. The seven persons, all in custody, are: Zakiur Rehman Lakhvi, "mastermind" of the attacks; Abdul Wajid alias Zarar Shah, also of the LeT and described as a "facilitator and expert of computer networks"; Hamad Amin Sadiq, who is charged with "facilitating funds and hideouts" for the Mumbai attackers; Mazhar Iqbal alias Abu al Qama, described as a "handler"; Shahid Jamil Riaz, who is described both as a facilitator for funds, as well as a crew member of a boat used by the attackers; Jamil Ahmed, described as "facilitator"; and, Younus, also a "facilitator." The in camera proceedings in Anti-Terror Court 1 of Rawalpindi were held in the high-security Adiala Jail, and reportedly lasted a little under two hours. Judge Malik Mohammed Akram Awan framed charges against the seven under the Anti-Terrorism Act, several sections of the Pakistan Penal Code, including Section 302 for murder and under the Explosives Act. All the seven pleaded not guilty to the charges, including Shahid Jamil Riaz, who earlier made a detailed confession about his part in the attacks before a judicial magistrate in Rawalpindi, where he was first produced after his arrest. Earlier, the court rejected objections by defence lawyers at the last hearing over the admissibility of the confession of the lone arrested LeT terrorist Ajmal Amir ‘Kasab’ as evidence. They had argued that as he was neither an accused in the case in Pakistan nor in the list of proclaimed offenders, his statement could not be used for the purpose of framing charges against the other accused. While holding that ‘Kasab’ could not be declared a proclaimed offender as his whereabouts were known, the Judge said he would be treated as an accused whose case had been separated from the case under trial in his court, and who was being proceeded against in another court.
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November - 26 
The Anti-Terrorist Court on November 26 acquitted six persons charged with planning acts of terrorism in Rawalpindi, according to Daily Times. New Town Police had arrested Shafiqur Rehman, Abdul Khaliq, Niaz Ahmad, Abdul Basit, Abdul Majid and Abdul Saboor from outside the Rawalpindi Arts Council. P
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The Anti-Terrorist Court on November 26 acquitted six persons charged with planning acts of terrorism in Rawalpindi, according to Daily Times. New Town Police had arrested Shafiqur Rehman, Abdul Khaliq, Niaz Ahmad, Abdul Basit, Abdul Majid and Abdul Saboor from outside the Rawalpindi Arts Council. Police also claimed of seizing three suicide belts, five detonators and other explosives from them. The court rejected the bail application of Khairullah Mehsud, a resident of South Waziristan. The court is trying three suspected terrorists – Khairullah Mehsud, Fidaullah and Khurram Shahzad for their alleged involvement in an attack on a Frontier Constabulary (FC) checkpost on Margalla Road in Islamabad. Eight FC personnel were killed, and seven others injured, when a suicide bomber blew himself up at the checkpost. They were also allegedly involved in the Hamza Camp suicide attack case. An unidentified suicide bomber rammed his explosives-laden car into a 72-seater bus parked in front of Hamza Camp on Benazir Bhutto Shaheed Road in Rawalpindi on November 24, 2007. The bus carrying Inter-Services Intelligence (ISI) officials to work was destroyed and over 25 people were killed. the court also adjourned the hearing of cases against former Lal Masjid chief cleric Abdul Aziz until December 7 as the defence lawyer, Shaukat Aziz Siddiqui, is in Saudi Arabia to perform haj (Islamic pilgrimage). On September 16, the court dropped terrorism charges against the former cleric, and co-accused in three cases.
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December - 15 
The Sargodha civil court on December 15 granted 10 days’ physical remand of the five United States nationals arrested for their reported involvement in planning to join militant outfits, according to The News. They were brought to Sargodha from Lahore amid tight security and presented before the jud
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The Sargodha civil court on December 15 granted 10 days’ physical remand of the five United States nationals arrested for their reported involvement in planning to join militant outfits, according to The News. They were brought to Sargodha from Lahore amid tight security and presented before the judge, where a Joint Investigation Team (JIT) requested for their 10-day remand. Meanwhile, United State’s State Department spokesman Ian Kelly said in response to a question about the Lahore High Court order: “It sounds to me to be a reasonable judicial procedure.” The LHC had directed the authorities in Pakistan not to deport the arrested US nationals to any country. “We are in the process of working with the Pakistani authorities to determine their legal status, and formal charges haven’t been brought,” Kelly said. Declining to comment on the LHC verdict, Kelly said: “What we’re interested in is that their legal rights are being respected, that the local law is being followed, and that they have access to legal counsel. And we normally provide them with a list of lawyers, who are available in the matter that they’re being held for.”
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