Hafiz Saeed, the alleged mastermind of 26/11, cannot be charged with terrorism. That's the decision of the Lahore High Court, one that's likely to infuriate India.

A two-judge bench on Monday dismissed two cases against the Jamaat-ud-Dawaa (JuD) chief, which though under the anti-terrorism law, were not related to the 26/11 terror attacks.

Saeed had been under house arrest since last month.  He was accused of inciting Pakistanis to fight jehad, and of asking for donations to this cause. But the court has ruled that his organization, the JuD, is not banned by Pakistan, and therefore terrorism charges do not apply.

Though Interior Minister Rehman Malik has said on several occasions that the JuD is banned, official sources say that no formal notification has been issued so far to proscribe the group.

The United Nations declared the JuD a terrorist organization last year after the attacks in Mumbai. Supported by America, India has been demanding that Saeed be arrested for 26/11. Pakistan claims it has not been given evidence against him, which both India and America deny.   

Reacting to the Lahore High Court's decision, India said it would take up the issue with Pakistan as it was given to understand that formal investigation would be conducted against him.

Maintaining that Pakistan should investigate Saeed in the Mumbai attack case, External Affairs Minister S M Krishna said India had provided evidence about his being the "brain behind" the strike but he was not booked in that case.

"Our talks with Pakistan Foreign Minister was somewhat on this line that formal investigation would be done on Hafiz Saeed with reference to Mumbai," Krishna told reporters while referring to his meeting with Shah Mahmood Qureshi in New York on the sidelines of UN General Assembly last month.

"We will take up the matter with Pakistan government...We will certainly take up with Pakistan," Krishna said hours after the Lahore High Court ordered quashing of two terror cases against Saeed who had been booked for inciting people in the name of jihad and inviting funds for the same.

Krishna noted that Saeed was under clout for the inflammatory speeches he made in Jalalabad. "But, Hafiz Saeed, as far as my knowledge goes, was not probed by the Pakistan government for his role in attack on Mumbai though we still insist that the Pakistan Government must investigate Haifz Saeed for the role he played."