Law: Anti Terrorism Act, 1997

Section: 11EE(2)(a),(3),Fourth Schedule,11D,11E

Law: Constitution of Pakistan, 1973

Section: 4,199

Anti-Terrorism Act (XXVII of 1997)--- ----S.11-EE (2)(a) & (3), Fourth Schedule---Constitution of Pakistan, Arts. 4 & 199---Constitutional petition---Security for good behaviour---Prerequisites---Period beyond three years---Legality---Grievance of petitioners was that their names were included in Fourth schedule and security for good behaviour was sought from them for period beyond three years---Validity---Prerequisites for inclusion of the name of a person in a list prepared according to Fourth Schedule of Anti-Terrorism Act, 1997, were concrete material and cogent reason to prima facie establish that the person was an activist, office bearer or an associate of a proscribed organization or an organization suspected to be involved in terrorism or sectarianism---It was also necessary that material or information placed before concerned government should be of such nature, which could satisfy a reasonable person for making necessary entry in Fourth Schedule of Anti-Terrorism Act, 1997 and foremost requirement was that the competent authority must prove legality of the order---Names of petitioners stood in list prepared according to Fourth Schedule of Anti-Terrorism Act, 1997, for a period exceeding three years, which was violative of restriction imposed on the concerned government as provided in S.11-EE(2)(a) of Anti-Terrorism Act, 1997---Inclusion of name of a person in Fourth Schedule for an indefinite period was not only against relevant provisions of law but also a flagrant violation of inalienable right of a citizen to enjoy protection of law and to be treated in accordance with law, as enshrined in Art. 4 of the Constitution---Retaining names of petitioners in a list as mentioned in Fourth Schedule of Anti-Terrorism Act, 1997, prepared more than three years earlier was not in accordance with law and the same could not be sustained---High Court directed the authorities to delete the names of petitioners from the Fourth Schedule of Anti-Terrorism Act, 1997---Petition was allowed accordingly. Abu Bakar Muhammad Reza v. Secretary to Government of Punjab, Home Department and 3 others PLD 2005 Lah. 370 rel. JUDGMENT SH. AHMAD FAROOQ, J.---Through this…

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