A single bench of IHC comprising Justice Mohsin Akhtar Kayani maintaining stay order directed the Federal Investigation Agency (FIA) to submit details of 'recovery memo' related to extradition of Talha, a terror suspect, to USA and adjourned hearing until March 5.
Abdul Sattar Essani, Additional Deputy Commissioner (General) Islamabad after conducting an inquiry on January 15, 2017 had recommended to the federal government that accused may be extradited to the US government under the Extradition Act 1972.
The US government had been seeking Talha's extradition under the charges of facilitating ISIS for executing an attack in New York. Haroon, 19, was arrested in Pakistan in 2016 after the US authorities identified him as one of three men, along with a Canadian citizen and a man from the Philippines, planning attacks on Manhattan's Times Square and the city's subway.
Haroon Rashid, father of the accused, moved the petition through his counsel Tariq Asad Advocate and cited federation through secretary interior, superintendent Adiala Jail Rawalpindi, district magistrate/deputy commissioner Islamabad, Additional District Magistrate/Inquiry Magistrate Abdul Sattar Essani, and director general Federal Investigation Agency as respondents.
Rashid stated in his petition that Talha Haroon by descendence is Pakistani, but being in USA became holder of USA passport and is living with his family in Quetta.
He told the court while he was in Pakistan, he was falsely alleged to be a fugitive offender while he had committed no offence in the United States, but while he was in Pakistan, he has been falsely alleged to conspire with others residing in USA to commit criminal offence after going to the USA.
The petitioner contended that the allegations framed against his son are based on presumptions, surmises and conjectures. He told the court that the matter was referred to district magistrate Islamabad and inquiry was conducted by ADC Abdul Sattar Essani to submit report regarding extradition of accused Talha Haroon.
He requested the court to pass stay order against the extradition of his son, Talha Haroon till the final adjudication of the matter. The court on January 17, 2019 had stayed Talha's extradition.