2013 P Cr (PLP)

Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks a direction to the respondent for deletion of his name from the list prepared under Fourth Schedule to section 1lEE of the Anti-Terrorism Act, 1997.

2. Precisely the facts giving rise to the instant petition are that earlier the name of the petitioner was placed in Fourth Schedule to Anti-Terrorism Act, 1997 in the year 2005; thereafter, he filed Writ Petition No.4658 of 2011, which was accepted by this Court vide order dated 26-4-2011 and the Home Department was directed to delete his name from the said list, which was so done by the respondent(s) on 2-8-2011; the petitioner's satisfaction and happiness lived short as he found his name re-entered in the said list, the same day.

3. Learned counsel for the petitioner contends that name of the petitioner has been placed again in the Fourth Schedule vide order dated 2-8-2011, on the basis of the same material, which formed basis for placement of his name in the said category, in the first instance, hence, it may be declared illegal and set aside.

4. Learned Law Officer concedes that name of the petitioner, in the first instance, remained in the Fourth Schedule for about six years, which was finally deleted on 2-8-2011 after his constitutional petition was allowed by this Court vide order issued on 26-4-2011; further concedes that the name of the petitioner has been repeatedly placed in the list in question on the same day i.e. 2-8-2011, without any fresh evidence, but under a fresh recommendation of the District Intelligence Committee (DIC), Hafizabad, as law enforcing agencies had reasonable apprehensions about his involvement in sectarian activities.

5. After hearing learned counsel for the parties and perusing the record, it is noticed that name of the petitioner, for the first time, was placed in Fourth Schedule of Anti-Terrorism Act, 1997 in year 2005 allegedly on account of some mischievous and objectionable activities, prejudicial to public safety, harmony, peace, tranquillity, and co-existence, which lasted for about six years i.e. twice the period as envisaged by law. A constitutional petition (Writ Petition No.4658 of 2011) filed by the petitioner was, however, accepted by this Court on 26-4-2011 with a direction to the respondent to bring an end to the restriction imposed upon the petitioner, by deleting his name from the said list. The direction of the court was acted upon, but not in true sense as the petitioner was again clamped under the aforesaid restrictions on 2-8-2011, which was incidentally the date of deletion of his name from the said list. We understand that the name of the petitioner had been deleted from the said list just as an eyewash and by re-entering his name in the aforesaid category on the same day, an attempt has been made to frustrate the very essence of the order passed by this Court on 26-4-2011. There is no cavil to the proposition that the name of a person can be placed repeatedly in the Fourth Schedule, if some fresh evidence or material so envisages, but in the instant case, the deletion and replacement of the name of the petitioner in the said schedule appears to have been done with a single stroke of pen by the respondent, which cannot be approved of under any circumstance. The perpetuation of agony of the petitioner for six long years still continues with an intermission of a few seconds, which has to be brought to an end to meet the ends of justice. Prima facie, the act of the respondent is based on mala fide and the impugned order is patently illegal.

6. In view of above, we are satisfied that retaining the name of the petitioner for another stint spanning over three years is a mala fide act of the respondent, which practice cannot be allowed to continue unabatedly. Consequently, the instant petition is allowed and the respondent is directed to delete the name of the petitioner from the Fourth Schedule of the Anti-Terrorism Act, 1997 forthwith. AG/K-6/L Appeal allowed.