The Lahore High Court (LHC) on Friday declared illegal the detention of banned Tehreek-e-Labbaik Pakistan (TLP) chief Saad Hussain Rizvi, allowing a petition filed by Rizvi’s uncle against his continued imprisonment. .
Justice Tariq Salim Shaikh announced the decision after presiding over the daily hearing for the past three days. At present, the detailed decision of the case is awaited.
Advocate Burhan Moazzam Malik appeared for the petitioner – Rizvi’s uncle Amir Hussain – while lawyers for the Punjab and federal governments opposed the application.
Late Khadim Hussain Rizvi’s son was Rizvi taken into custody Under the Maintenance of Public Order (MPO) Ordinance 1960, on 12 April on allegations that he had incited his followers to take the law into their own hands, according to him, the government had reneged on its promise to expel the French ambassador.
Ever since blasphemous caricatures of the Prophet Muhammad (PBUH) were published in France and their publication was supported by the French President, the party had been pressuring the government for the expulsion of the French envoy to Pakistan.
During Thursday’s hearing, Advocate Malik argued that Rizvi was not provided with reasons for his re-custody under the Anti-Terrorism Act, 1997. He said he had submitted five applications to the concerned government department seeking grounds for his detention, but had not received a response.
He argued that there was a need for solid ground to imprison a suspect, adding that not a single case existed against Saad Rizvi before the year 2018.
The lawyer further said that the right to protest is enshrined in the Constitution. “Protest simply means protest, how can it be terrorism?” He asked.
He said TLP supporters had protested after Rizvi’s arrest, while the authorities were not ready to register an FIR on the death of TLP workers.
According to Malik, approval was not taken from the ministers for Rizvi’s extended detention as per the rules of business and his signatures were taken through WhatsApp.
He said that since there are 24 cases against Rizvi, he can be kept in “endless” custody by obtaining 90-day remand in each case. He questioned why the TLP chief was kept in custody despite having the option of physical remand.
Advocate Mian Parvez, another counsel for the petitioner, submitted that the state had issued the notification for continued detention of Rizvi with malicious intent.
He requested the court to declare Rizvi’s detention illegal and quash it.
Deputy Attorney General Asad Bajwa told the court that Rizvi was detained on July 9 on charges of spreading communalism under the Anti-Terrorism Act.
On 2 July, a review board of the LHC rejected Punjab Home Department’s request for extension of Rizvi’s detention. this was it issued its detailed order In the case on July 8, observing that Rizvi should be “released immediately” if he is not required in any other case.
Following this, Rizvi’s uncle filed a petition seeking cancellation of his “illegal custody”, claiming that there was no evidence on record against him.
Rizvi’s detention was due to end on July 10 in the light of the review board’s decision. However, the Lahore Deputy Commissioner issued a fresh notification under Section 11-EEE (Power to arrest and detain suspicious persons) of the Anti-Terrorism Act 1997 and detained Rizvi for 90 days.
Hussein later filed another petition, claiming that the government had extended Rizvi’s detention with “malicious intent”. The petitioner said that the government has implicated Rizvi in 14 criminal cases by taking him into custody.
He urged the court to declare the government’s act illegal and order the release of his nephew.
Rizvi’s arrest and TLP protest
In November 2020, a settled Between the TLP and the government – following protests in the capital by the party led by its then chief Khadim Rizvi – involving parliament to decide the case for the expulsion of the French ambassador in three months.
As the February 16 deadline was approaching, the government expressed its inability to implement the agreement and sought more time. The TLP had then agreed to delay its protest by two-and-a-half months to April 20.
A week before the deadline, Rizvi, in a video message, had asked TLP workers to be ready to launch a long march if the government fails to meet the deadline. This move prompted the government to arrest him on 12 April.
The police had swooped on Rizvi at around 2 pm on Wahdat Road in Lahore, where he had gone to attend a funeral. Angered by this, the TLP had called for a nationwide protest.
The next day, the police registered an FIR against the TLP chief under sections of the Anti-Terrorism Act. Within the next few hours, protesters took to the streets in Lahore and blocked the Grand Trunk Road at several places.
the government later TLP banned It was staged across the country after violent protests and dharnas.