| Citation(s) |
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| 2024 SLG 5906 2024 SLD 5906 = 2024 PLD 115 |
Balochistan High Court
Constitution Petitions Nos. 1247 and 1276 of 2021, decided on 23rd August, 2022.
Before Muhammad Hashim Khan Kakar and Abdul Hameed Baloch, JJ
Akhtar Shah for Petitioners. Syed Iqbal Shah, D.A.G., Hamidullah Babar, Asstt. Director (Legal) FIA, Ayaz Khan, Litigation Manager, NBP, Shoaib Ahmed Malik, District Operation Manager, UBL, Rehan, Head Banking Services, Allied Bank Limited for
Respondents Nos. 1 and 2. Muhammad Ali Rakhshani, A.A.G. for
Respondent No.3.
Constitution Petitions Nos. 1247 and 1276 of 2021, decided on 23rd August, 2022.
Before Muhammad Hashim Khan Kakar and Abdul Hameed Baloch, JJ
Akhtar Shah for Petitioners. Syed Iqbal Shah, D.A.G., Hamidullah Babar, Asstt. Director (Legal) FIA, Ayaz Khan, Litigation Manager, NBP, Shoaib Ahmed Malik, District Operation Manager, UBL, Rehan, Head Banking Services, Allied Bank Limited for
Respondents Nos. 1 and 2. Muhammad Ali Rakhshani, A.A.G. for
Respondent No.3.
ALLAH MUHAMMAD alias HAJI MALIK NOORZAI and others--Petitioners
VERSUS
GOVERNMENT OF PAKISTAN, Ministry of Interior through Secretary and 2 others---Respondents
Law: Anti-Terrorism Act, 1997
Section: XXVII,11EE
Law: Constitution of Pakistan, 1973
Section: 18,199
Anti-Terrorism Act (XXVII of 1997)-------S.11-EE---Constitution of Pakistan, Arts. 18 & 199---Constitutional petition--Proscription of person---Freezing of bank account and imposing travel restrictions--Pre-condition---Petitioners/accused persons were aggrieved of freezing/blocking of their bank accounts; placing them in watch list and imposing restrictions on their travel for having connections with a proscribed organization---Validity---Provision of S. 11-EE of Anti-Terrorism Act, 1997, prescribed "reasonable ground to believe" standard to impose sanctions---Powers under S. 11-EE of Anti-Terrorism Act, 1997, were exercisable subject to condition that the authority must take into account all relevant facts and circumstances to form an opinion---Such opinion must be based on information received from any credible source which should be authentic and not just mere suspicion---There must evidence to establish reasonableness---The ground should be communicated to the person within three days---Authority was required to place entire material before the Court---State functionaries while discharging official functions were to ensure that no one was denied right to earn livelihood---Word "lawful" used in Art. 18 of the Constitution qualified right of a citizen in relevant field---High Court set aside freezing/blocking of accounts of petitioners as the same were illegal and void ab initio and petitioners could not be prohibited from doing lawful business---Constitutional petition was allowed accordingly.Joti Parshad v. The State of Haryana AIR 1993 SC 1167; Choudhry Shujahat Hussain's case 1999 SCMR 1149; Agha Shahid Hassan Bugti v. Federation of Pakistan PLD 2007 Quetta 25; Government of West Pakistan and another's case PLD 1969 SC 14; Muhammad Jameel Das (W. Gopal Das) v. Federation of Pakistan 1999 CLC 541 and Imdad Hussain v. Province of Sindh through Secretary to Government of Sindh, Karachi PLD 2007 Kar. 116 rel.Date of hearing: 17th June, 2022.JUDGMENTABDUL HAMEED BALOCH, J.---Through this common judgment we intend to dispose of the Constitutional Petitions Nos. 1247 and 1276 of 2021, as both the petitions are arising out of the same subject-matter, whereby…