The petitioner has assailed the legality of order dated 19-3-2015 passed by District Co-ordination Officer, Rawalpindi, whereby the petitioner has been detained for 90-days in terms of Section 11- EEEE(1) and (2) of the Anti-Terrorism Act, 1997. The petitioner being aggrieved filed representation before Home Secretary, Government of the Punjab, but his grievance has not been redressed.
2. The brief facts of the case are that on 7-1-2015 some persons of notorious Qabza Group while armed with lethal weapons in furtherance of their common intention, launched attack in order to take possession forcibly of property of Muhammad Riaz and Sardar Qamar Iqbal and made firing as a consequence thereof Muhammad Fayyaz had succumbed to the injuries suffered by him from the assailants side and injured three persons from the side of Muhammad Riaz, etc. On the basis of which FIR No,15 was lodged under Sections 302, 109, 148/149 The Pakistan Penal Code, 1860 on 7-1- 2015 at Police Station Saddar Beroni, District Rawalpindi, in which the petitioner was also implicated as one of the accused due to his simple presence at the spot without ascribing any overt-act. The petitioner got recorded his cross-version in the said case under Sections 324, 148 read with 149 The Pakistan Penal Code, 1860 against the assailants under order of learned Ex-officio Justice of Peace.
The petitioner was falsely implicated in the said case along with his father and other relatives. The petitioner and his co-accused Muhammad Latif filed their pre-arrest bail before the learned Addl.
Sessions Judge, Rawalpindi on 9-3-2015 and an ad-interim pre-arrest bail was granted to them on the same day. On the next date i,e, 10-3-2015, the petitioner was taken into custody by the Special Branch with the assistance of the police and he was kept under illegal confinement despite his ad- interim pre-arrest bail and due to his absence, his pre-arrest bail was dismissed. There-after, the Special Branch handed over the petitioner to local police. After completion of physical remand, the petitioner was sent to judicial lock-up. Subsequently post arrest bail was moved on behalf of the petitioner, which was granted on 4-4-2015 by learned Addl: Sessions Judge, Rawalpindi. Robkar was sent to jail for the release of the petitioner, but in spite of that he was not released on the pretext of detention orders issued by DCO Rawalpindi. Hence, the writ petition.
3. Learned counsel for the petitioner has contended that the petitioner never indulged in criminal activities nor he is an associate of any criminal gang or organization. It is further expressed that the detention order of DCO is without cogent reasons and without convincing evidence. It is further argued that the DCO was not supposed to act on the reports of police agency until and unless he had satisfied himself that such reports were correct and were also supported by tangible material and the order passed by DCO Rawalpindi is without judicious application of mind about the alleged activities of the petitioner, therefore, he has deviated from his sacred duty by taking of liberty of a person. The learned counsel for the petitioner has relied upon the following case-law:-- Ishaq Ahmad v. District Coordination Officer and others "(2015 MLD 684)"
Muhammad Yousaf Farooqi v. Gov't of the Punjab (2012 PCr.LJ 905)"
Federation of Pakistan through Secretary v. Amatul Jalil Kh. (PLD 2003 SC 442)
4. On the other hand, learned law officer representing the respondents put his appearance and submitted a letter dated 19-3-2015 by contending that the DCO Rawalpindi is competent to pass such order as the petitioner is trained terrorist and in this behalf an inquiry was conducted by the Superintendent of Police, wherein it is mentioned that a report was sought from the DSP Saddar Circle, according to which the inquiry has been conducted with regard to terrorism activities of the petitioner from the vicinity of the petitioner, which was found correct. The learned law officer has also pointed out that a report was sought from the Intelligence Agency, according to which the petitioner is trained terrorist from Tahreek-e-Taliban, Asmat-ullah Moaviah Group and he also obtained training from Dargah Centre, North Waziristan (Fata). He is also an expert in computer skills and worked in TTP's Media Center. He can handle all kind of light and heavy weapons. It is further argued that the petitioner is companion of Usman alias Khadim son of Liaquat and Faisal Irfan alias Saif-ullah son of Muhammad Irfan. Both residents of Garhi Afghanan Wah Cantt, District Rawalpindi, who are also expert in explosive of bomb, etc. They were arrested and detained in Central Jail, Adyala Rawalpindi. It is further argued that the detention of the petitioner is necessary for the safety of public-at-large and also to avoid any untoward incident which is likely to be dangerous at present and across the country. Therefore, the impugned order of DCO is in accordance with law.
5. Arguments heard and record perused.
6. There is no convincing evidence available on record against the petitioner and no valid reason has been given by the authority to justify the legal detention of the petitioner with regard to his terrorist activities. The learned law officer could not point out with clear answer regarding the involvement of the petitioner in the activities of terrorism except an assertion that the District Co- ordination Officer passed the impugned order, which has been passed without judicious application of mind on the reports of police or Special Branch. Another aspect of the case also indicates while going through the record that cross-version has been registered against the private persons and in order to involve the petitioner in a police case, it is asserted that the petitioner belongs to a terrorist banned organization and he is trained terrorist.
7. Even otherwise, fundamental right of citizen guaranteed under Article 4 of The Constitution of the Islamic Republic of Pakistan (Herein after called The Constitution), cannot be with-held on the basis of vague reports, presumption, supposition and assumption. More-over, deprivation of citizens' liberty is a most serious step which cannot be taken lightly as the same has been protected under Articles 9 and 14 of The Constitution, therefore, the impugned order passed by DCO is violative of Articles 4, 9, 14 and 15 of The Constitution of the Islamic Republic and same suffers from illegality and without cogent and reliable evidence.
' Resultantly, the instant writ petition is accepted and impugned order dated 19-3-2015 passed by D.C.O. Rawalpindi is declared illegal and without lawful authority, hence the same is set aside. The petitioner is in jail. He be released forthwith, if not required in any other case.