| Citation(s) |
|---|
| 2025 SLG 3352 2025 SLD 3352 |
W.P.No.649-D/2022 with C.M.No.800-D/2
Dr. Klturshid Iqbal, J.
For petitioner: For respondents: Mr. Farooq Akhtar, Advocate. Mr. Inamullah Khan Kundi, Asstt: A.G. alongwith Lal Zahir, Superintendent Horne and Tribal Affairs Department, Peshawar, and Ghulam Jan, Superintendent D.C. Office, DJ.Khan. Date or hearing: 03.02.2025
022 Muhammad Aslam Baloch
VERSUS
Govt. of Khyber Pakhtunkhwa and others
Law: Anti-Terrorism Act, 1997
Section: 11
Law: Constitution of Pakistan, 1973
Section: 4,9,15
Law: Pakistan Penal Code (PPC),1860
Section: 188, 153-A, 147, 149, 506, 324, 34,5(6)
Law: Gaming Act, 1835
Section:
REMARKS
Held: (1) Earlier the name of the petitioner entered in Schedule IV vide notification, dated 17.11.2003. The comments furnished by the respondents in the instant as well as in the earlier petition, are substantially the same. The name of the petitioner is entered in Schedule-IV in a mechanical fashion. Therefore, a review under sub-section (3) and/or section (3B), ATA, would not be an efficacious remedy to the petitioner.
(2) The respondent-authority failed to substantiate the reasonable grounds that the petitioner is concerned in terrorism; associated with any proscribed organization; or suspected to be involved in terrorism or sectarianism.
(Writ petition was Allowed).
Summary:2-word description:
Unlawful Proscription
This case involves Muhammad Aslam Baloch challenging a notification placing his name in Schedule IV under Section 11EE of the Anti-Terrorism Act, 1997 (ATA). The court found that the listing was done mechanically without reasonable grounds, relying only on unrelated old criminal cases. The court declared the notification void and ordered removal of his name from Schedule IV.