Lahore: A Pakistani court on Thursday dismissed
a petition seeking asylum in the name of 'holy war' for five
American Muslim youths recently arrested in the country for
allegedly planning terror attacks, saying that it was not the
duty of the judiciary to define 'jihad'.
The Lahore High Court dismissed the petition filed by
Khalid Khwaja, a former Inter-Services Intelligence official
now associated with a rights organisation.
In his petition, Khwaja had contended that the youths
came to Pakistan for 'jihad' (holy war) and since this was not
a crime, their detention is illegal.
Lahore High Court Chief Justice Khwaja Mohammad
Sharif, who heard the petition, observed that it was not the
duty of the court to define 'jihad'. The judge did not comment
further and dismissed the petition.
Khwaja also asked the court to direct authorities to
grant the youths asylum in Pakistan as the US administration
might "not spare them".
He claimed the accused are innocent of any
wrongdoing, either through their actions or intentions.
"They are being suspected of a crime they never
committed nor ever intended to commit. In such a case, the US
constitution protects all its citizens of wrongful accusations
and wrongful imprisonment.
We must have faith in our system of laws that they
will seek out truth and deliver justice," Khwaja said in his
petition.
Pakistani security agencies arrested Waqar Hussain
Khan, 22, Ahmed Abdullah Minni, 20, Ramy Zamzam, 22, Iman
Hassan Yemer, 17, and Omar Farooq, 24, in Sargodha, some 200
km from Islamabad, on December 9.
Officials have said they planned to go to Afghanistan
via Pakistan's tribal belt to fight US and NATO forces.
The youths also contacted two militant groups ?
Jamaat-ud-Dawah and Jaish-e-Mohammed ? but were turned away by
them.
The accused have been booked under the Anti-Terrorism
Act and could face life imprisonment if they are convicted.
The Lahore High Court had earlier directed
authorities not to deport or hand over the youths to any
foreign agency, including the FBI, without its permission.
PTI
First Published: Thursday, December 24, 2009, 19:02