| Citation(s) |
|---|
| 2020 SLG 752 2020 SLD 752 2020 PLD 378 |
Lahore High Court
Criminal Appeal No. 70578 of 2019, hearing Date : 15-01-2020
MUHAMMAD QASIM KHAN, JUSTICE ASJAD, JAVAID GHURAL, JUSTICE
Petitioner(s) by: Abid Masood Awan Zafar Hussain Ahmad, Additional Advocate-General for the State.
Criminal Appeal No. 70578 of 2019, hearing Date : 15-01-2020
MUHAMMAD QASIM KHAN, JUSTICE ASJAD, JAVAID GHURAL, JUSTICE
Petitioner(s) by: Abid Masood Awan Zafar Hussain Ahmad, Additional Advocate-General for the State.
MUHAMMAD ILYAS GHUMAN
VS
GOVERNMENT OF PUNJAB THROUGH SECRETARY HOME DEPARTMENT LAHORE AND OTHERS
Law: Anti Terrorism Act, 1997
Section: 11EE
(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 11EE & Fourth Sched.---Proscription of person---Scope---Reasonable "information" about the person to be proscribed---Scope---In order to invoke the provisions of S.11-EE of the Anti-Terrorism Act, 1997, there must be reasonable information in order to prima facie establish that the person to be enlisted in the (Fourth) Schedule was an activist, office-bearer or an associate of a proscribed organization or an organization suspected to be involved in terrorism or sectarianism---Such information should be gathered from any credible source whether domestic or authorized including governmental and regulatory authorities, the law enforcement and intelligence agencies, financial institutions, Banking and non-Banking companies and even international institutions---Nothing had been mentioned in the Act to the effect that the material must be placed in black and white in support of such information---Word 'information' had been used and not 'material' for inserting name of any person in the (Fourth) Schedule. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 11EE & Fourth Sched.---Proscription of person---Credible information and sufficient material---Scope---Report submitted by the Provincial Government showed that the name of the appellant was included in the (Fourth) Schedule to the Anti-Terrorism Act, 1997 on the source of information received through credible means and Banking institutions; that the appellant was detained for 90-days under S.11(EEEE) of the Act due to his negative activities being initiated by him in his madrissah and fourteen criminal cases had so far been registered against him wherein though he had been acquitted in most of the cases yet it showed his conduct; that joint combing operation was conducted in the religious institution being run by the appellant from where different weapons were recovered out of which, most of the weapons were licensed in different names; that three Bank accounts in the name of the appellant were blocked, whereas an account in the name of some other person was used for foreign funding for the religious institution of the appellant; that appellant had affiliation…
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