2006 PLP 2048 (YLR)

SH. ABDUR RASHID, J.

Raja Waqar Azim son of Raja Muhammad Azim, the petitioner, by filing the instant petition, seeks his post-arrest bail in case F.I.R. No.264, dated 3-4-2005, under section 11-V/7 of the Anti-Terrorism Act, 1997, registered at Police Station Gulberg, Lahore.

2. According to the prosecution allegations set up in the FIR., the petitioner was employed as police constable and he developed his liaison with various defunct organizations, such as Lashkar-e-Tayyiba and Al-Quaida and on the said allegations he was dismissed from the police service and in the year 2003 he was reinstated by the Service Tribunal and joined the Police Lines, Qila Gujjar Singh. Thereafter, the petitioner continued his liaison with the defunct organizations and subsequently he was posted at the residence of the Chief Minister Punjab and during inquiry his liaison with the defunct organizations was proved and this case had been made out against him.

3. It has been argued on behalf of the petitioner that no legally incriminating material has been placed on the file against the petitioner to establish his links with any defunct organization or terrorists and that the petitioner was merely involved on account of suspicion and he was dismissed from the police service and was reinstated and thereafter he was detained by the Home Department and upon completion of his detention term, his further detention order was withdrawn and instead of releasing him from the jail, this false case has been made out merely on the strength of police witnesses and that the entire allegations in the F.I.R. proceed on conjectures and surmises, which are inadmissible in evidence.

4. It has been argued on behalf of the state that the petitioner has links with the terrorist organizations and one S.-I. was deputed to keep vigil on him and he had found him instigating people to indulge into subversive activities and thus the instant case is made out against him.

5. We have heard the Yearned counsel for both the sides and perused the record. The entire -material against the petitioner comprises of statement of one Bilal Ahmad, S.-I., recorded under section 161, Cr.P.C., in which he alleged that after the release of the petitioner from his preventive detention, he was directed by the authorities to keep vigil on the petitioner and he found that the petitioner started visiting Masjid Ahl-e-Hadees, situated near Chauburji Chowk, Lahore and on 2-4-2005, after Zuhar prayer he also followed the petitioner in the mosque, where he was addressing some persons and was trying to instigate them against America and its supporters and was also giving them instructions. He further stated that the petitioner has terms with the defunct organizations such as Lashkar-e-Tayyiba and Al-Quaida. Thus, when the persons whom the petitioner allegedly imparted offensive direction are missing from the record then how the petitioner can be said to have imparted the directions to them. Furthermore, the contents of directions imparted by the petitioner to the said unknown persons are also not available on the record to judge their nature and offensive tenor. Thus the entire material against the petitioner is based upon opinion and surmises. No legally admissible material linking the petitioner with any defunct organization or his terms with any terrorist has been brought on the file. The only statement of one S.-I., which is merely expressive of his opinion, cannot make out a prima facie case against the petitioner. Therefore, the prosecution allegations set up in the F.I.R. against the petitioner are matter of further inquiry and accordingly he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the trial Court. N.H.Q./W-47/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail allowed.