Law: Anti Terrorism Act, 1997

Section: 11EEE,11D,11(2)(a-f),Fourth Schedule

Law: Anti Terrorism Act, 1997

Section: 11EEE,11D,11(2)(a-f),Fourth Schedule

Law: West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)

Section: 3

(a) Anti-Terrorism Act (XXVII of 1997)------S. 11-EEE---West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S. 3---Expression "Government if satisfied" in S.11-EEE of the Anti-Terrorism Act, 1997, is synonymous to the word "satisfaction" in S.3 of the West Pakistan Maintenance of Public Order Ordinance, 1960---"Satisfaction"---"Satisfaction" is to be objective in nature and not subjective in nature so as to allow the Authorities to act on whims and caprices without there being any material before them in support of grounds of detention. Mrs. Majeeda Fatima v. District Magistrate and Deputy Commissioner, District Central, Karachi and 3 others PLD 1990 Kar. 470 ref. (b) Anti-Terrorism Act (XXVII of 1997)--- ---S. 11-EEE---West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S. 3---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction--Scope---High Court can insist on disclosure of the material on which the executive authority had acted, subject to the right of the State to claim privilege in respect of an appeal against decision of executive authority---Mere production of order of the detaining authority in proof of "satisfaction" is not sufficient. Mir Abdul Baqi Baluch v. The Government of Pakistan through the Cabinet Secretary, Rawalpindi and others PLD 1968 SC 313 ref. (c) Anti-Terrorism Act (XXVII of 1997)- ----S. 11-EEE---Constitution of Pakistan (1973), Art.199---Constitutional petition---Detention order---Validity---Chief Commissioner had passed the order of detention on the basis of the list notified in the Fourth Sched., under the Anti-Terrorism Act, 1997, vide office Notification that the accused was an activist of a. banned party---Procedure as provided in S.11-EEE of the said Act had not been adopted---Accused was not asked to execute bonds to the satisfaction of the District Police Officer for his good behaviour and not to involve himself in any act of terrorism---Even the grounds of his arrest and detention were not conveyed to the accused---Chief Commissioner had failed to justify as to how the accused was acting in the manner prejudicial to the activity or security of Pakistan or any part thereof…

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