Law:

Section:

Anti-Terrorism Act (XXVII of 1997)--- ----S. 11EE & Fourth Schedule---Penal Code (XLV of 1860), S.188---Constitution of Pakistan, Art.199---Constitutional petition---Petitioner's name was listed to the Fourth Schedule to the Anti-Terrorism Act, 1997 once again, after High Court had directed the authorities to delete his name after the expiry of previous enlistment---Validity---Prosecution produced a copy of F.I.R. under S.188, P.P.C. alleging that petitioner was still an activist of a banned organization since his mother's last rites were attended by some other activists---Allegations in the said F.I.R. could not impose any liability on petitioner under S.188, P.P.C.---No fresh material was available against petitioner to necessitate relisting his name to the Fourth Schedule---Liberty of a man could not be curtailed on lame excuses---Courts being custodians of law, had to jealously guard the fundamental rights of citizens---Relisting of petitioner to the Fourth Schedule to the Anti-Terrorism Act, 1997 was illegal in circumstances---Petition was allowed. THIS ORDER PASSED BY: MAZHAR IQBAL SIDHU, JUSTICE The petitioner through the instant constitutional petition seeks a direction to respondent No.1 for deletion of his name from the list prepared under Fourth Schedule (section 11-EE) of the Anti-Terrorism Act. 1997. 2. Precisely the facts giving rise to this petition are that the petitioner's name was earlier placed in the Fourth Schedule of Anti-Terrorism. Act, 1997 in year 2005; thereafter, he filed Writ Petition No.21322 of 2010, which was accepted by this Court vide order dated 29-11-2010 and the Home Department was directed to delete his name from the said list, which was so done by them on 3-1-2011; thereafter, his name was again placed in the said Schedule on 30-10-2013 on the basis of a report submitted by the District Intelligence Committee, Hafizabad. Hence, the instant petition. 3. Learned counsel for the petitioner contends that the petitioner's name has been enlisted again iti the Fourth Schedule vide order dated 30-10-2013 passed by respondent No.1, without any fresh stuff, rather on the same material, as used earlier for placing his name in the…

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