Safeguards as to detention

Persistent inclusion of name of accused (petitioner) in the list under Fourth (4th) Schedule of Anti-Terrorism Act 1997, for an indefinite period beyond three years

Validity

Provincial government (respondent) had not been able to bring any speck of material to substantiate their allegations against the accused, and in the absence of any tangible material justifying the inclusion of accused's name in the list under Fourth (4th) Schedule of Anti-Terrorism Act, 1997, he could not be legally required to execute a bond with sureties for a period exceeding three years as stipulated in S.11-EE(2)(a) of the Anti-Terrorism Act ,1997

Persistent inclusion of the name of the accused in the list under Fourth (4th) Schedule for indefinite period beyond three years was prima facie violative to the provisions of Art.10(4) of the Constitution, which furnished sufficient indiscriminate protection of law to a citizen

Constitutional petition was allowed and Provincial Government was directed to delete the name of the accused from the list under Fourth (4th) Schedule of the Anti-Terrorism Act, 1997.