LAHORE: A Pakistani court today 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.

