| Citation(s) |
|---|
| 2019 SLG 2169 2019 SLD 2169 2019 PLJ 514 |
Lahore High Court
Writ Petition No. 16750 of 2017, decision & hearing Dated: 15.05.2019.
CH. MUSHTAQ AHMAD, JUSTICE SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Petitioner(s) by: Syed Jaffar Tayyar Bukhari, Advocate
Respondent(s) by: Ch. Zulfiqar Ali Sidhu, A.A.G.
Writ Petition No. 16750 of 2017, decision & hearing Dated: 15.05.2019.
CH. MUSHTAQ AHMAD, JUSTICE SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE
Petitioner(s) by: Syed Jaffar Tayyar Bukhari, Advocate
Respondent(s) by: Ch. Zulfiqar Ali Sidhu, A.A.G.
MUHAMMAD TAHIR
VS
GOVERNMENT OF PUNJAB, THROUGH SECRETARY HOME DEPARTMENT LAHORE AND 6 OTHERS
Law: Constitution of Pakistan, 1973
Section: 199
Constitution of Pakistan, 1973-- ----Art. 199--Member of defunct Organization--"Jaish-e-Muhammad"--Mischievous and objectionable activities--Name of petitioner was placed on 4th Schedule of ATA 1997--Challenge to--During arguments when confronted as to whether any new evidence regarding involvement of petitioner in promoting cause of defunct organization "Jaish-e-Muhammad" for terrorism or sectarianism was collected by respondent authorities after his acquittal from case FIR No. 32/2015, as mentioned above, learned Assistant Advocate General was not in a position to furnish any plausible or valid reason in this regard except that name of petitioner was listed in 4th Schedule on basis of source information except this there is no other evidence available on record--No doubt name of a person can be inserted repeatedly in list of 4th Schedule of ATA, 1997 provided some fresh evidence or material is surfaced on record but in instant case there is no such evidence available with State functionaries present in Court--Respondents are directed to exclude name of petitioner from list of 4th Schedule, forthwith--Petition was allowed. THIS ORDER PASSED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE---.--- Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 petitioner Muhammad Tahir has assailed vires of order dated 10.11.2017 whereby his name has been placed on 4th Schedule of ATA, 1997 being active Member of defunct organization "Jaish-e-Muhammad" involving in terrorist activities to spread panic and terrorism in the public-at-large. 2. The bottom line of arguments advanced by learned counsel for the petitioner was that in previous case vide FIR No. 32/2015 on the basis of which petitioner alleged to be active member of proscribed organization under reference has since been acquitted by this Court vide judgment dated…
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