2018 PLP (C (PLC(CS)N)

MOHAMMAD IBRAHIM KHAN, J.

By imploring the constitutional jurisdiction of this Court Muhammad Avais Khan has come up with the following perspective prayer:- "It is therefore humbly prayed that a proper writ may graciously be issued directing the Respondents to: a. Grant a character certificate to petitioner without putting any condition with which the petitioner himself has no concern. b. Any other relief that is just and proper may also be granted in favour of the Petitioner.

2. The Petitioner being resident of Sehsada has never been involved in any criminal case or any criminal activities. He in order to search for an appropriate post in view of his qualification applied for the post of Laboratory Technician in Shifa Hospital Islamabad. According to him, he was selected for the said post but on a condition he has to procure clearance/character certificate from local police. An inquiry was conducted wherein Petitioner being cleared to be a law abiding citizen has never been involved in any criminal case or criminal activities nor he has any nexus with the militancy or for that matter with proscribed organizations. But because his brother Muhammad Jawad Khan had a history of involvement in some terrorism activities whose name has been enlisted in Schedule IV of the Anti-Terrorism Act, 1997, therefore, he was not granted character certificate by the Respondents/Police Department.

3. Time and again the Respondents were approached, who are government officials of the status of Station House Officer upto the high ups i.e. Deputy Inspector General of Police Malakand at Saidu Sharif Swat, but he was refused the said clearance/character certificate on the sole ground that his brother being involved in criminal activities.

4. Next off, the Respondents were put on alert to file comments, which were accordingly submitted on behalf of the Respondent No.4, wherein it has been mentioned that the real brother of the Petitioner has been involved in different cases of terrorism i.e. FIR No. 1065 dated 17.7.2007 under sections 3/4 ESA/324/427/7ATA, FIR No.1197 dated 27.8.2007 under sections 3/4 ASA, 7 ATA and 13, A.O. and case FIR No.1218 dated 03.9.2007 under sections 3/4/5 ESA, 7 ATA have been registered against him at Police Station Ouch and his name has been included in Schedule-IV of ATA (Amended) 1997, therefore this was taken up as legal reason to refuse the character certificate to the Petitioner.

5. Having heard arguments of learned counsel for the Petitioner and learned A.A.G. for the Respondents, available record with their able assistance gone through.

6. Allah the Almighty says in the Holy Quran "This is the Book about which there is no doubt" (2:2) Surah An- Najam, Verse (Ayath) 38 in Para No.27 as below:

"That no burdened person shall bear the burden of another" (38:27) "Meaning, every soul shall carry its own injustices, whether disbelief or sin, and none else shall carry its burden of sin, as Allah states" "And if one heavily laden calls another to (bear) his load, nothing of it will be lifted even though he be near of kin". (35:18).

7. This being the Supreme Law and we being the Muslims have to bow before this divine dictum.

8. The Petitioner cannot be punished for the criminal activities of his brother being involved in terrorism and having been declared and enlisted in Schedule-IV of the Anti-Terrorism Act, 1997 has therefore a cause of action. He is rightly held entitled to be furnished character certificate which shall be free from any such condition of involvement of his brother in militancy.

9. In such terms this writ petition is accepted accordingly. ZC/167/P Petition allowed.