Jutice Nasir Saeed Sheikh of the Lahore High Court here on Monday adjourned the hearing of a writ petition filed by Jamaat-ud-Dawa chief Muhammad Saeed, as his counsel requested to transfer the petition to Chief Justice Ijaz Ahmad Chaudhry because he had heard previously the case of Saeed's detention.
As proceedings started on Monday, AK Dogar argued before Justice Nasir Saeed Sheikh to transfer the case to Chief Justice. The court, however, asked him to move a transfer application, and adjourned hearing. Saeed has filed the petition saying that the federal government should defend him before an American court which had issued summons him, the ISI present head and other officials in connection with a law suit filed by relatives of American national killed in Mumbai attacks.
American nationals Rabbi Gavriel Noah Holtzberg and his wife Rivka were both gunned down by militants at the Chhabad House in Mumbai. Their son Moshe was saved and he along with other persons have filed nine claims against banned outfit Lashkar-e-Tayyeba (LeT) of Hafiz Saeed, Zakiur Rehman Lakhvi, Azam Cheema and Sajid Majid as well as the ISI, its former DG Nadeem Taj and current head, Lieutenant General Ahmed Shuja Pasha, Major Iqbal and Major Samir Ali. They are accused of providing material support for the attacks. For each of the claims, the plaintiffs have asked for damages in excess of $75,000, to be awarded by a jury.
Saeed has said in the petition that he is head of Jamat-ud Dawa, charitable organisation and has no nexus with Lashkar-e-Tayyeba. There is no such evidence declaring that Saeed is involved in anti-state activities and security risk. He said the government should also defend him in the same manners as it is protecting Director General Inter-Services Intelligence (ISI) and other officials. He said it is settled law that access to justice is fundamental right of every citizen. He therefore prayed to the court to direct the federal government to defend him in American court in the same manner as ISI officials are being protected.