Lahore High Court (LHC) Chief Justice here on Monday dismissed an application of an accused of Mumbai attacks Zakiur Rehman Lakhvi, seeking transfer of his trial proceedings from a Rawalpindi anti-terrorism court to Lahore.
The Chief Justice had reserved his verdict on the application on October 17. Federal government had challenged this application saying the case against Lakhvi (petitioner) was registered at Islamabad, therefore, Islamabad High Court had the jurisdiction to hear the transfer application. The CJ admitted the argument of the government against the jurisdiction of LHC and dismissed application of Lakhvi.
Advocate Khawaja Sultan, representing Lakhvi had sought transfer of the case on the plea of unfair trial and security reasons. He said ATC court was not working independently as the government is influencing it while the government is already under influence of India. He pointed out that a contempt of court application was moved against interior minister Rehman Malik. It was said in the contempt application that interior minister while addressing a seminar in London had said with respect to petition pending hearing in the court in Mumbai attack case that court had granted commission request for sending judicial commission to India and the commission would leave for India within 7 to 11 days.
He said later FIA had filed application under section 503 about despatching a judicial commission to India and FIA has completed its arguments on it while defence counsel Khawaja Sultan and other lawyers were yet to give arguments on behalf of Zakiur Rehman Lakhvi and other accused persons on this application.
Khawaja Sultan took plea in his application that application from counsel for prosecution on formation of judicial commission to be sent to India with reference to Mumbai blasts case is pending hearing and the court had not pronounced its decision about the effectiveness of this commission. However Rehman Malik had given the said statement.
As the court had restrained for making open its proceedings before media therefore, the statement given by interior minister is an attempt to give impression of controlling or influencing the judicial proceedings, he said.
Khawaja said trial court on next hearing, dropped contempt proceedings against minister merely following the clarification from counsels for state that minister had great respect for courts. He pointed out that during trial court proceedings, prosecutors also flared up with judge and tried to create an impression that court was given more importance to Khawaja Sultan.
He said in such circumstances fair trail was not possible and the case might be transferred to Lahore. In 2010, the then Chief Justice Khawaja Muhammad Sharif had declined Lakhvi transfer application. At that time Lakhvi had contended that his life is under danger as personnel of Indian secrete agencies are roaming around the capital city.