Case Details

Citation(s)
2017 SLG 1856 2017 SLD 1856 2017 PLD 105
Peshawar High Court
Writ Petition No. 2825 of 2015, decision & hearing Date : 22-03-2017
QAISAR RASHID KHAN, JUSTICE, QALANDAR ALI KHAN, JUSTICE
Qazi Jawad Ihsanullah Qureeshi for Petitioner. Syed Sikander Hayat Shah, AAG along with Siraj Khan, Special Secretary Home, Tahir Khan CCPO, Peshawar and Bashir Ahmad, DSP for
Respondents.

SYED GHAZANFAR KAZMI

VS

GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH TRIBAL AND HOME AFFAIRS DEPARTMENT & OTHERS

Law: Anti Terrorism Act, 1997

Section: 11-EE,Fourth Schedule

Anti-Terrorism Act (XXVII of 1997)--- ----S. 11-EE & Fourth Sched.---'Proscribed person'---Placing of name on Fourth Schedule to Anti-Terrorism Act, 1997 ("the Fourth Schedule")---Legality---Name of petitioner was placed on the list of proscribed persons under the Fourth Sched.---Case record showed that Government authorities had annexed an old report of the Provincial Special Branch, dated 26.09.2012, with their comments, without substantiating the report with supporting proof/evidence of involvement of the petitioner in terrorism or his being associate of or taking part in activities of an organization kept under observation or proscribed or in any way concerned or suspected to be concerned with such organization or affiliated with any group or organization suspected to be involved in terrorism or sectarianism---In the absence of evidence/proof, substantiating allegations against the petitioner, together with failure on the part of the Government authorities to prove on record any fresh order/notification listing the petitioner as a proscribed person in the Fourth Schedule, after the previous notification, which became inoperative in the year 2015, neither the petitioner could, in any way, be proceeded against under S.11-EE of the Anti-Terrorism Act, 1997; nor, be unduly harassed or intimidated or subjected to other coercive methods in order to unlawfully curtail his constitutionally guaranteed freedom and liberty---Act of harassment and pressurizing the petitioner on the pretext of his name included in the list of suspected persons and restraining and detaining him was illegal, unlawful and unconstitutional---High Court directed the concerned Government authorities to act in accordance with the letter and spirit of law in general and S. 11-EE of the Anti Terrorism Act, 1997, in particular, and provide protection to the petitioner against his undue harassment instead of becoming a party to such practice---Constitutional petition was allowed accordingly. Abu Bakar Muhammad Reza v. Secretary to Government of Punjab, Home Department and 3 others PLD 2005 Lah. 370; Abdul Rauf v. Chief Commissioner, Islamabad and 5 others PLD 2006 Lah. 111; Muhammad Yousaf…
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