' SARDAR MUHAMMAD ASLAM, J.---This intra-court appeal is directed against the order dated 1-9- 2005 passed by a learned Judge in Chamber, whereby he dismissed the writ petition filed by the appellant.
2. At the request of the learned counsel for the appellant as well as the learned A.A.-G. This appeal is admitted to regular hearing and is being disposed of as notice case.
3. Briefly the facts giving rise to this I.C.A. Are that respondent No.2 vide his order dated 21-7-2005 directed arrest and detention of appellant for -90 days under section 11-EEE of Anti-Terrorism Act, 1997 on the ground that he is an activist of defunct Sipha-e-Muhammad and involved in the activities which are prejudicial to the public safety and maintenance of public order, threat to sectarian, peace and harmony in the Province and Security and integrity of the country. The appellant was arrested and lodged in Camp Jail, Lahore. The appellant challenged his detention through constitutional petition, which was dismissed by a learned Judge in Chamber on 1-9-2005, which is being assailed in this I.C.A.
4. Report and parawise comments were filed by the respondents. A list of activists of banned/extremist sectarian outfits, 2004, was shown in Court wherein petitioner's name is mentioned at Serial No.30, reproduced below:-- {{TABLE}} S. No. Name Parentage and Address History case in which involved 30 Malik Muhammad Ashraf s/o Meraj Din, r/o Thokar Niaz Baig,
(1) Lahore F.I.R. No.11/95 under sections 506/424/ 148/149, P.P.C., 16 M.P.O., P.S., Hanjarwal.
(2) F.I.R. No.170/96 under sections 324/353/ 365/342/186/411/148/ 149/337-A(i), P.P.C./ 17/6/79 A.O., P.S., Hanjarwal.
(3) F.I.R. No.244/96 under sections 324/353/ 148/149/109, P.P.C., P.S. Old Anarkali.
(4) F.I.R. No.168/98 under sections 324/148/ 149, P.P.C., P.S., Hanj arwal .
(5) F.I.R. No.307/96 under sections 13/20/65 A.O., P.S., Hanjarwal.
(6) F.I.R. No.347/96 under sections 324/353/ 148/149/427/109, P.P.C., 13/20/65, A.O. P.S. Islampura.
Present Activities Category Central Vice-President of SMP 'A' {TABLE}}Consensus List 'A' of activists (banned organizations) Punjab was produced for our perusal.
Name of appellant is listed at Serial No.188, reproduced below:-- {TABLE}} S# P# Org.# Name and Address Org.
188 181 67 Malik Ashraf Awan s/o Miraj Din caste Malik r/o Niaz Beg, Hanjarwal, Lahore TJP ITP SMP Appointment MOI ISI IB MI Activist Yes - - Yes Current Remarks Yes Arrested 3 {TABLE}}
5. We have heard the learned counsel for the parties at length and perused the record.
6. The appellant was a member of defunct/banned organization. He represented respondent No.2 and sworn an affidavit solemnly affirming to have resigned from the membership of the defunct organization and undertook to support the policies of the Government of Pakistan in dealing with terrorist organizations.
7. The appellant is also alleged to be involved in number of criminal activities. We asked the learned Assistant Advocate-General to show us the record of criminal activities, after imposition of ban on the defunct organizations. The record is silent. However, reliance was placed vehemently on the criminal cases registered against the appellant mentioned in para.No.3 above. We find that all the cases were registered in 1996 except one in 1998 at Police Station, Hanjarwal, Lahore. The detention of the appellant, therefore, has no nexus with the criminal cases mentioned in the list of activists of the banned/extremist organization. Intelligence Agencies i.e. ISI and IB have not declared the appellant as activist in Consensus List 'A' of the activists (banned organization), Punjab. Appellant was not convicted in any of the cases. Placing his name in the Schedule under section 11-EEE of Anti-Terrorism Act, 1997, is without any basis and material. The material in the form of registration of the cases has no nexus to terrorism and citizen's liberty cannot be curtailed on hypotheses. Article 9 of the Constitution of Pakistan (1973) guarantees the right of life and liberty to the citizens in accordance with law. Article 14 of the Constitution of Islamic Republic of Pakistan (1973), lays down that the dignity of the man shall be inviolable. Sub-Article (4) of Article 10 of the Constitution justify the preventive detention, if the same was made in respect of the person acting in a manner prejudicial to the integrity, security of defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order or the maintenance of supplies or services. The respondents have not provided us any evidence from the record against the appellant to the above effect. The impugned order of detention passed by respondent No.2, is, thus, not sustainable in law.
8. For what has been discussed above, this intra-court appeal is allowed. The order passed by the learned Judge in chamber dated 1-9-2005 is set aside. The order passed by respondent No.2 dated 21-7-2005 is also set aside and quashed. The appellant shall be released forthwith.
9. After his release from jail, he shall submit, within a period of 7 days, bail bond in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of the District Police Officer, Lahore for his good behaviour and undertaking not to involve himself in any act of terrorism in any manner.