| Case ID |
13e33519-5330-4231-94c8-22bb4690fee7 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 1735 of 2020 |
| Decision Date |
Dec 15, 2020 |
| Hearing Date |
Dec 15, 2020 |
| Decision |
The Lahore High Court quashed the order of proscription against the petitioner for lacking legal authority. The court found that the Secretary of the Home Department had no jurisdiction to notify the petitioner's name for inclusion in the Fourth Schedule of the Anti-Terrorism Act, 1997, as this power resides with the Federal Government. The court ruled that the process lacked reasonable grounds to believe the petitioner was involved in any terrorist activity. It emphasized that the order failed to provide the petitioner an opportunity to rebut the claims against him, thereby violating his fundamental rights. The decision underscored the importance of judicial review in matters affecting personal liberty and emphasized that administrative actions must be grounded in fair and just procedures. |
| Summary |
The case revolves around a writ petition filed by a government school teacher who had been proscribed under the Fourth Schedule of the Anti Terrorism Act, 1997. The petitioner challenged the legality of the order, arguing that the Home Department lacked the authority to proscribe him. The Lahore High Court deliberated on the constitutional jurisdiction of the High Court under Article 199, focusing on the enforcement of fundamental rights. The court held that the Secretary of the Home Department acted beyond jurisdiction, as such powers are vested in the Federal Government. The decision highlighted the necessity for reasonable grounds before imposing restrictions on an individual's rights, reinforcing the doctrine of natural justice. The court quashed the impugned order, underscoring the need for transparency and fairness in administrative actions. This case is significant in emphasizing the balance between national security measures and individual rights, providing a precedent for future cases involving proscription under anti-terrorism laws. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
TARIQ SALEEM SHEIKH,
ANWAARUL HAQ PANNUN,
QARI MUHAMMAD ARIF
|
| Lawyers |
Mehr Zameer Hussain, Deputy Attorney General for Pakistan,
Muhammad Siddique, Assistant Attorney General for Pakistan,
Muhammad Ayub Buzdar, Assistant Advocate General, Punjab
|
| Petitioners |
|
| Respondents |
SECRETARY HOME DEPARTMENT AND OTHERS
|
| Citations |
2021 SLD 1685,
2021 PLD 499
|
| Other Citations |
PLD 1961 SC 537,
PLD 2005 Lah. 370,
PLD 2011 Lah. 145,
2020 YLR 1327,
2020 PCr.LJ 206,
PLD 2020 Lah. 191
|
| Laws Involved |
Constitution of Pakistan, 1973,
Anti Terrorism Act, 1997
|
| Sections |
199,
4,
11E
|