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PP RUEHLH RUEHPW
DE RUEHIL #1589/01 1961339
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P 151339Z JUL 09
FM AMEMBASSY ISLAMABAD
TO RUEHC/SECSTATE WASHDC PRIORITY 3799
INFO RUEHBUL/AMEMBASSY KABUL 0635
RUEHLO/AMEMBASSY LONDON 0913
RUEHNE/AMEMBASSY NEW DELHI 5237
RUEHKP/AMCONSUL KARACHI 1990
RUEHLH/AMCONSUL LAHORE 7595
RUEHPW/AMCONSUL PESHAWAR 6555
RHMFISS/FBI WASHINGTON DC
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL
RUEKJCS/SECDEF WASHINGTON DC
RUEAIIA/CIA WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 001589
SIPDIS
E.O. 12958: DECL: 07/15/2019
TAGS: PREL PTER PGOV PK
SUBJECT: PUNJAB WITHDRAWS ITS APPEAL AGAINST HAFIZ SAEED'S RELEASE
REF: A. ISLAMABAD 1523 B. LAHORE 99
Classified By: Anne W. Patterson for reasons 1.4 (b), (d).
1. (C) Summary: On July 14, to the surprise of the federal government, the Punjab Advocate General withdrew his
province's appeal to the Supreme Court challenging the release of Jamaat-ud-Dawa leader Hafiz Saeed. Punjab provincial
officials cite a lack of evidence and cooperation from the federal government as the reason for their withdrawal. Prime
Minister Gilani and Interior Minister Rehman Malik are pushing Punjab to reinstate the appeal, as the federal government
does not have independent standing to pursue the appeal. The federal government is also examining alternate laws to seek
Saeed's detention on federal grounds. The Punjab government's surprise move is viewed by federal officials as a means to
embarrass the Pakistan People's Party-led government before upcoming talks with India at Sharm-el-Sheikh. End summary.
PUNJAB WITHDRAWS APPEAL
------------------------
2. (SBU) On July 14, the Punjab government withdrew its appeal in the Supreme Court challenging the release of
Jamaat-ud-Dawa (JUD) leader Hafiz Saeed. The Punjab appeal, along with a separate but identical federal government
appeal, was filed on July 7 challenging the Lahore High Court decision to release Saeed from house arrest. In press
statements, the Punjab government claims that it withdrew its appeal because the federal government did not provide
enough evidence for Saeed's detention. Punjab Advocate General Raza Farooq, who was leading the appeal on behalf of the
province, claimed that the provincial government had originally detained Saeed and also filed the appeal in the Supreme
Court at the behest of the federal government. Farooq also claimed that the Punjab government had provided all the
evidence it had, but the federal government was not cooperating with them.
3. (C) Before the Punjab government's announcement, Punjab Home Secretary Nadeem Hassan Asif warned Lahore's Acting
Principal Officer that the federal government had refused to share any information linking Hafiz Saeed to the Mumbai
attacks. "We don't have anything against him and our intelligence has nothing to detain him," he stated. He added that
Federal Investigative Agency has provided no evidence connecting him with the five alleged Mumbai attackers currently in
jail. However, Asif noted, the provincial authorities have placed Saeed under detention, and Saeed has moved little from
his home in Johar Town, Lahore. Since his release in late June Saeed has not visited the JUD facility in Muridke,
according to Asif.
FEDERAL GOVERNMENT SURPRISED
----------------------------
4. (C) Deputy Attorney General Shah Khawar, who is leading the appeal for the federal government, claims that all
evidence against Saeed had been shared with the Punjab government. Khawar told Poloff that he had been surprised by
Farooq's move to withdraw the appeal. According to Khawar, the federal government had filed the second appeal to support
Punjab's appeal since the original detention was sought by the province. Khawar said that he had been meeting with
Farooq, and they had planned a joint strategy for the appeal before the Supreme Court.
5. (C) On July 13, Farooq opened the appeal before the Supreme Court and, according to Khawar, had some difficulty
answering the justices' tough questions. Khawar presented his arguments on July 14, and then was surprised when Farooq
retook the stand to withdraw Punjab's appeal. In light of the withdrawal, the justices confronted Khawar about the
federal government's legal standing to pursue the appeal. Because Saeed's original detention order was sought by the
provincial government, and it was the provincial order that was overturned by the Lahore High Court, without Punjab's
appeal, the federal government has no standing to appeal on its own. Khawar was granted an adjournment to address the
ISLAMABAD 00001589 002 OF 002
question of legal standing.
OTHER WAYS TO DETAIN SAEED
---------------------------
6. (C) To respond to Punjab's withdrawal and the justices' questions, Khawar and Attorney General Khosa sought the
advice of the Minister of Interior Rehman Malik. Khosa, Malik, Secretary of Interior Kamal Shah, and Prime Minister
Gilani met to discuss the appeal. They, too, had been surprised by the withdrawal. According to Khawar, Gilani called
Punjab Chief Minister Shahbaz Sharif to "get an explanation." The high-level officials now have plans to resolve the
Saeed case, according to Khawar. Either they hope to get Punjab to reinstate its appeal or the federal government will
file a separate detention order for Saeed. With Gilani in Egypt and Khosa unavailable, the Supreme Court has agreed to
adjourn the appeal until early next week.
7. (C) According to Khawar, if the Punjab government does not change its mind then the federal government does not have
standing to continue its appeal independently. However, Malik and Khosa are considering using the 1952 Security Act of
Pakistan or the Anti-Terrorism Act to detain Saeed on federal grounds. The federal government would have to pursue a new
set of detention orders before a trial court to successfully detain Saeed under these other laws.
8. (C) On July 14, Malik told the Ambassador that he feels the Pakistan Muslim League-Nawaz (PML-N) led Punjab
government is pulling their appeal to "embarrass" the federal government ahead of Prime Minister Gilani's meeting with
Indian Prime Miniser Manmohan Singh at Sharm-el-Sheikh. The two Prime Ministers are scheduled to meet on July 16 on the
sidelines of the Non-Aligned Movement (NAM) summit. The release of Saeed has been one of India's main complaints against
Pakistan regarding cross-border terrorism. Other Post contacts surmise that the PML-N is using Saeed's popularity to
gain points with religious conservatives.
9. (C) Comment: Punjab's surprise withdrawal could not have come at a worse time for the PPP-led federal government as
it tries to normalize relations with India during scheduled talks on the margins of the NAM summit. Hafiz Saeed is the
poster child for India's complaints against Pakistan, and even if Saeed is technically not roaming the streets, the
GOP's inability to win the legal case against him is embarrassing. Realizing the importance of Saeed's detention, Gilani
and Malik are determined to use any law or means to keep him confined to his home. Given the JUD leader's popularity,
the GOP will have to be careful to avoid the appearance of extra-judicial moves against Saeed.
PATTERSON