HAFIZ SAEED CASE ADJOURNED FOR LACK OF EVIDENCE

C O N F I D E N T I A L ISLAMABAD 001816 SIPDIS E.O. 12958: DECL: 08/05/2019 TAGS: PREL PTER PGOV PK SUBJECT: HAFIZ SAEED CASE ADJOURNED FOR LACK OF EVIDENCE REF: ISLAMABAD 1589 Classified By: Gerald M. Feierstein for reasons 1.4 (b),(d). ¶1. (C) On August 3, the Pakistani Supreme Court once again adjourned the appeal hearing concerning Hafiz Saeed. This follows the July 14 Punjab Advocate General's withdrawal of his province's appeal in the Supreme Court challenging the release of Jamaat-ud-Dawa (JUD) leader Hafiz Saeed (See Reftel). This move left the federal government's appeal without proper standing before the Court. ¶2. (C) The Court had adjourned the trial previously to allow the federal government more time to frame its case and show independent standing. The Supreme Court again has adjourned the case and has not announced a date for the next hearing. According to the Deputy Attorney General Shah Khawar, the federal government is still trying to influence the Punjab government to reinstate its appeal. ¶3. (C) On August 4, Minister of Interior Rehman Malik conveyed to the Charge that the GOP's main concern remains the lack of evidence to prosecute Saeed or to continue to hold Saeed under the Maintenance of Public Order (MPO). Lack of evidence was the main reason that the Punjab Advocate General cited in withdrawing Punjab's appeal. Malik said that the GOP has asked the GOI for evidentiary assistance against Saeed without result. While the GOP will continue to pursue the appeal under the MPO in Court, Islamabad is examining other legal provisions which will allow Saeed's detention. One possible avenue for the federal government is to issue new detention orders under Section 4 of the 1952 Security of Pakistan Act, that allows for the detention of a person in the interest of the "security of Pakistan." FEIERSTEIN