In exercise of his powers conferred upon him under section 11-EEEE(1) of the Anti-Terrorism Act, 1997 (hereinafter referred to as the Act), read with Notification No.S0/(Judl-IV)7-1/2014, dated 15.01.2015, issued by Govt. Of the Punjab, Home Department, Lahore, the District Coordination Officer, Bhakkar (respondent No.2) vide order dated 28.04.2015, has ordered detention of the petitioner for a period of three months in the custody of Superintendent Central Jail, Mianwali. Being aggrieved of the said order the petitioner has preferred the instant petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973.
2. Learned counsel for the petitioner has maintained that the petitioner has no concern or connection with any proscribed organization; that the allegation against the petitioner is that he is an active member of the proscribed organizations Tahreek-e-Jaafria Pakistan (TJP) and Majlis-i- Wahdatul Muslimeen (MWM); that the allegation is false and the fact of the matter is that the above named organizations are also not proscribed organisations; that in the criminal case referred to in the impugned order (FIR No.110 of 2014), the petitioner has already been released on bail by the Court of competent jurisdiction while the other criminal case registered against the petitioner vide FIR No.78, dated 25.03.2014, under sections 406/420, P.P.C. At Police Station City Darya Khan, District Bhakkar, is of ordinary nature, having no nexus with the terrorism. He has further maintained that in fact the petitioner has been detained on the behest of his opponents, who joined hands with a local DSP. Learned counsel for the petitioner has, therefore prayed for declaring the impugned order as illegal, ultra vires and without jurisdiction.
3. Conversely, learned AAG has fully supported the impugned order by maintaining that the impugned detention order has been passed on the basis of concrete information provided by the intelligence agencies, who have no or animosity against the petitioner.
4. Heard. Record perused.
5. As regards the issuance of impugned order, the District Coordination Officer, Bhakkar (respondent No.2), is competent under the provision of section 11-EEEE(1) of the Act, read with Notification No.S0/(Judl-IV)7-1/2014, dated 15.01.2015, issued by Govt. Of the Punjab, Home Department, Lahore, to issue the same, therefore, it cannot be termed as illegal, ultra vires and without jurisdiction. However, the law requires that such an order can be passed in respect, of a person against whom a reasonable compliant has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned, in activities enumerated in subsection (1) of section 11-EEEE of the Act.
6. In the instant case in an inquiry conducted by the SP/Regional Officer, Counter Terrorism Department, Sargodha, Region Sargodha, it has been found that:- "I. Adeel Haider Shah belongs to banned organization TJP/MWM and regularly attends the secret gatherings/meetings of proscribed organization and propagates the nefarious designs of proscribed organization (TJP/MWM).
II. The said person is a target killer. His activities are prejudicial to the public peace and harmony.
He organizes the fund raising campaign of proscribed organization (TJP/MWM). He glorifies terrorist and criticizes the state of Pakistan. In this way he is helping and facilitating the terrorists.
III. On 16-05-2014 at evening the foresaid Adeel Haider along with four co accused killed Rana Tassawar a shop keeper in city Bhakkar on which FIR No.110/14 dated 16-05-2014 under section 302/34, 7, A.T.A. PS City Bhakkar. The plan of murder was made at Adeel Haider's home. The case is under trial.
IV. On 23.8.13 Adeel Haider Shah played a vital role in kotla jam incident in which 6 persons of banned SSP were killed and 1 injured. FIR No.319 dated 23.8. 2013 under sections 302/324/148/149/435, P. P. C . , 7, 9, A .T. A . PS Sadar Bhakkar was registered but unfortunately Adeel Haider Shah cannot be nominated in the FIR.
V. He did not pay any regard to the lawful directions issued by the government from time to time and continued his anti-religious sects activities a routine. He was repeatedly directed by the Government officials to mend his ways and avoid spreading stricture against any sect but to no avail. Keeping in view the present wave of terror and law and order situation prevailing in the country, activities/engagements of Mr. Adeel Haider Shah are harmful and will create alarming situation. The same are prejudicial to public safety and maintenance or public order. The reports received from the law enforcing agencies also depict that detention under section 11-EEEE of A.T.A., 1997 of the foresaid of Mr. Adeel Haider Shah is need of the day and justified as well.
VI. The local police has also recommended further detention of Mr. Adeel Haider Shah in order to maintain law and order situation as well as safety of public in the area."
7. The above conclusions drawn by the inquiry officer are based on the intelligence reports and no material is available with this Court to hold that such conclusions are irrelevant or without any substance.
8. In the comments furnished by the District Coordination Officer, Bhakkar (respondent No.2), it has been maintained that as per findings in the meeting of the District Intelligence Coordination Committee, Bhakkar dated 21.04.2015, the petitioner regularly attends the secrets gatherings/meetings of proscribed organizations and propagates the nefarious designs of the said organization. The learned AAG has also pointed out that Tehreek-e-Jaafria Pakistan (TJP), is a proscribed organization.
9. In the above circumstances, no ground is made out to interfere with the impugned order. This petition, therefore, has no merit, which fails and the same is hereby dismissed.