| Case ID |
1b01806b-c3b4-463c-ad87-07a400d818c2 |
| Body |
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| Case Number |
Writ Petition No. 1504 of 2012 |
| Decision Date |
Dec 13, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the petition filed under Article 199 of the Constitution of Pakistan, directing the Government of Punjab to delete the name of the petitioner from the Fourth Schedule of the Anti-Terrorism Act, 1997. The court found that the repeated placement of the petitioner's name without fresh evidence was mala fide and illegal, as it deprived the petitioner of his rights without just cause. The court emphasized that the name of a person cannot be placed repeatedly in the list without new material, and the actions of the authorities were deemed to frustrate the court's previous order. |
| Summary |
In the case of Writ Petition No. 1504 of 2012, the Lahore High Court addressed the issue of the repeated placement of a petitioner's name in the Fourth Schedule of the Anti-Terrorism Act, 1997. The petitioner, Khadim Hussain, challenged the legality of this action, arguing that his name was wrongly re-entered in the list without any new evidence after being previously removed. The court scrutinized the actions of the Government of Punjab and found them to be mala fide, highlighting the importance of due process and the rule of law. The decision underscores the court's commitment to protecting individual rights against arbitrary state actions, making it a significant case in the context of anti-terrorism legislation and constitutional guarantees in Pakistan. The ruling serves as a reminder of the legal standards that must be adhered to when placing individuals on lists that can severely impact their freedoms and rights. This case is crucial for understanding the balance between state security measures and individual rights, especially in the context of anti-terrorism laws. Keywords: Anti-Terrorism Act, Constitutional Rights, Lahore High Court, Legal Precedents, State Security, Individual Rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SARDAR TARIQ MASOOD,
SHAHID HAMEED DAR
|
| Lawyers |
Rana Baleegh-ur-Rehman, Advocate,
Arif Mehmood Rana,
Khurram Khan, Deputy Prosecutor-General Punjab,
Waqas Qadeer Dar,
Irfan Ali Chheena, Section Officer, Home Department,
Muhammad Imran, S.-I.
|
| Petitioners |
Khadim Hussain
|
| Respondents |
Government of Punjab through Home Secretary
|
| Citations |
2013 SLD 470 = 2013 PCRLJ 1734
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Anti Terrorism Act, 1997
|
| Sections |
199,
Fourth Schedule
|