Deputy Attorney General Naseem Kashmiri, in a written reply submitted on behalf of Foreign Ministry to Justice Umar Ata Bandial of the Lahore High Court, said: "The government is defending the ISI before the US court being an institute of the government while the JuD or its chief are not part of the government. Therefore, the government cannot provide legal assistance to him or his organisation," the reply said.
After examining the government's response, the judge asked Saeed's counsel A K Dogar to present the law under which the court could direct the government to defend a private individual in a US court.
Dogar sought time to prepare his arguments and the court adjourned the matter till June 30.
The lawsuit was filed in a Brooklyn court last year by relatives of US nationals Rabbi Gabriel Noah Holtzberg and his wife Rivka, who were among the 166 people killed in the Mumbai attacks. .