MOHAMMAD IBRAHIM KHAN, J.---This singled-out judgment shall dispose of W.P. No. 624-M of 2014 preferred by Tariq Shah against Provincial Police Officer Government of Khyber Pakhtunkhwa and others and connected writ petitions bearing W.P. No.224-M of 2015 "Syed Ghafoor Shah v.
Provincial Police Officer Government of Khyber Pakhtunkhwa and others W.P No. 562-M of 2015, "Muhammad Alam Khan and others v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 594-M of 2016 "Abdul Hameed v. Secretary Ministry of Interior Islamabad and others", W.P. No. 601-M of 2016 "Azam Khan v. Secretary Ministry of Interior Islamabad and others", W.P. No. 636-M of 2016 "Rahimullah and others v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 660-M of 2016 "Habib-urRahman v. Govt. of Pakistan through Secretary Interior and others", W.P. No. 693-M of 2016 "Anwar Zarin v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 747-M of 2016 Rafiullah v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.751-M of 2016 "Abdul Jalal and others v. Govt. of Pakistan through Interior Ministry and others", C.O.C. No. 26-M of 2017 in W.P. No.751 of 2016 "Abdul Jalal and others v. Govt of Pakistan through Interior Ministry and others", W.P No. 26-M of 2017 Habibullah and others v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P.
No. 27-M of 2017 "Gauhar Rehman v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 28-M of 2017 Shahid Hussain v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 29-M of 2017 "Roshan Ali v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.63-M of 2017 "Muhammad Iqbal v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.88-M of 2017 "Irfan v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.91-M of 2017 "Muslim Khan v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 113-M of 2017 "Bakht Zaib v.
Govt. of Pakistan through Interior Secretary Pakistan and others", W.P. No. 124-M of 2017 "Mufti Habibullah v. Govt. of Khyber Pakhtunkhwa through Home Secretary and others", W.P. No.142-M of 2017 "Muhammad Abrar Khan and another v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.143-M of 2017 "Tota and another v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.148-M of 2017 "Fazal Mabood v. Federation of Pakistan through Secretary Interior and others", W.P. No. 149-M of 2017 "Sharif Ullah and others v. Govt. of Khyber Pakhtunkhwa through Chief Secretary and others", W.P. No.158-M of 2017 "Syed Akbar Ali Shah and others v. Govt. of Khyber Pakhtunkhwa through Home Secretary and others", W.P. No. 167- M of 2017 "Jehan Alam and others v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P No. 201-M of 2017 "Ashfaq Ahmad v. Govt. of Khyber Pakhtunkhwa through Home Secretary and others", W.P. No.203-M of 2017 "Safaid Shah v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.209-M of 2017 "Bakhti Karam v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.210-M of 2017 "Usman Ali and another v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 211-M of 2017 "Iqbal Zada and others v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 212-M of 2017 "Hamidullah and another v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P.
No. 290-M of 2017 "Shahid Khan v. Govt. of Pakistan through Secretary Ministry of Interior and others", W.P. No. 293-M of 2017 "Sher Bahadar v. Govt. of Khyber Pakhtunkhwa through Home Secretary and others", W.P. No.336-M of 2017 "Liaqat Ali v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.359-M of 2017 "Abdur Rashid v. Govt of Pakistan through Secretary Interior and others", W.P. No.407-M of 2017 "Khursheed Ahmad v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 439-M of 2017 "Mian Sahib Zada and others v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.452-M of 2017 "Shakirullah v. Federal Govt. through Secretary Ministry of Interior and others", W.P. No.456-M of 2017 "Haroon Rashid v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 467- M of 2017 "Bahadar Sher v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P.
No. 477-M of 2017 "Muhammad Tahir and another v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 484-M of 2017 "Ihsan-ul-Haq v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 488-M of 2017 "Sajjad Ali v. Govt. of Khyber Pakhtunkhwa through Chief Secretary and others", W.P. No. 503-M of 2017 "Umar Muhammad and others v. Govt. of Khyber Pakhtunkhwa through Home Secretary and others", W.P. No. 519-M of 2017 "Saeed-ur-Rahman v. Govt. of Pakistan through Secretary Interior and others", W.P. No. 527-M of 2017 "Muhammad Qasim v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P.
No. 533-M of 2017 "Shahid Akhtar v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 539-M of 2017 "Khushal and others v. Secretary, Ministry of Interior Islamabad and others", W.P. No. 563-M of 2017 "Taqweem-ulHaq v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 622-M of 2017 "Sher Alam Said v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 629-M of 2017 "Immad-ud-Din v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 643-M of 2017 "Muhammad Ayaz v.
Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 645-M of 2017 "Muhammad Raza and others v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No. 653-M of 2017 "Sarni Ullah v. Govt. of Khyber Pakhtunkhwa through Secretary Home and others", W.P. No.668-M of 2017 "Habibur-Rahman v. Govt. of Pakistan through Secretary Ministry of Interior and others" and W.P. No. 682-M of 2017 "Fazal Ghafoor v. Deputy Director NACTA/Minister of Interior, Islamabad and others" as common question of law and facts are involved in all these connected matters.
2. Here the similar prayer in all these petitions by the respective Petitioners who are being citizens of Pakistan having bona fide residence within jurisdiction of this Court. Some of the Petitioners have attained such academic status up to graduation, while some of them are teachers, students, government servants and common people etc who posed themselves luminaries of their native areas. Amongst all these Petitioners some of them have been awarded certificates of excellence and character of nobility by Military authorities to have rendered services during the military operation in District Swat. So much so the District Police Officer from time to time given them certificates in recognition of their eminence social status.
3. Following the Notification of Government of Khyber Pakhtunkhwa Home and Tribal Affairs Department dated 19.05.2014 named in these Petitioners, is really a shocking news as there is fear to plot intrigue with the hidden adversaries. By appearance of their names in the notified list reported to be terrorists of a banned organization by the name of Tehrik-e-Taliban Pakistan. Hence the prayer for an appropriate writ has been implored in each petition with perspective prayer:- "That in the background of above factual and legal grounds, it is humbly prayed that an appropriate writ may graciously be issued, directing the list issued by Respondents to be void, perverse, illegal, constitutional, against law and thus ineffective to the extent of Petitioner. And That Respondents be directed to restrain from taking any action against the life, liberty, property and career of the Petitioner in the garb of the said list. And Issue any other order this Honorable Court may deem just and proper."
4. Having heard arguments of each of the Petitioner's learned counsel appearing before us, learned Deputy Attorney General appearing on behalf of the Federation and learned Assistant Advocate General on behalf of the provincial government, record with their assistance gone through.
5. At the very outset, it was brought to the notice of this Court that government of Pakistan extra ordinary published by authority under the Registered No. M-302, L. 7646 from Senate Secretariat Islamabad the 20th June, 2014 Majlis-e-Shoora (Parliament) received the assent of the President which was published for general information in Act No. VII of 2014. In order to amend Anti-Terrorism Act, 1997 recommended amendment of section (11-EE) "Security for good behavior" has been amended where provincial government has been ousted for its jurisdiction either to notify or to propose with regard to placement of any person on Schedule-IV List or the matter be remanded before provincial Home Secretary for the purpose of an appeal by any aggrieved person when to make an appeal for such redressal as the words ("or provincial government") shall be omitted.
6. As confirmed this proposed amendment in the Ant-Terrorism Act, 1997 published in extra ordinary the Gazette of Government of Pakistan has not been extended to PATA (Provincially Administrative Tribal Areas), rather the proposed amendment of section 11-EE, Act XXVII of 1997 is otherwise extended to the whole of Pakistan excluding this part of the country.
7. In All these Petitions each of learned counsel has confirmed to this Court that each of the Petitioner has not availed remedy provided under section i1(EE) subsection (3) of the Anti-Terrorism Act, 1997 which reads as under:- 11-EE Security of good behavior:- 1 2
3. Any person whose name has been notified in the list entered in the Fourth Schedule under subsection (1) or is aggrieved by any direction or order of the Federal or Provincial Government made under subsection (2), may within thirty days of such notification, direction or order, prefer an appeal to the Federal or Provincial Government, as the case may be, and such Government after providing an opportunity of being heard to such person decide the appeal within thirty days."
8. We are of the invariable view to issue directives to the provincial government absolutely straight from this Court in view of the directives laid down in W.P. No. 1130-P of 2017 decided on 27.04.2017 titled as "Abdus Subhan v. SHO PS Khwaza Khela and others" after ibid section 11(EE) of the Anti- Terrorism Act, 1997 which provide as per subsection (3) clause 2 an alternate remedy whereby within 30 days of such Notification/directives each Petitioner was required to have preferred an appeal to the Provincial Government and to provide an opportunity of being heard decide the appeal within 30 days, therefore, the earlier appeals being pending before the worthy Secretary Home and Tribal Affairs Department Khyber Pakhtunkhwa shall be decided within the span of 30 days from the date of receipt of this order. Thereby each Petitioner is directed to appear before the worth Secretary Home and Tribal Affairs Department Khyber Pakhtunkhwa on 16.10.2017.
9. It is to mention here that if any of the Petitioner has not preferred an appeal within the stipulated period or else his appeal has been misplaced this petition be treated an appeal for the purpose reference within the meaning of the provisions of section 11-EE subsection (3) of ibid Act 1997, wherein in that eventuality the Worthy Secretary Home and Tribal Affairs Department Khyber Pakhtunkhwa may communicate with the learned Additional Registrar (Judicial) of this Court for transmitting of the entire record of these Petitions for doing the needful.
10. All these petitions as here mentioned referred to are disposed of accordingly. Copy of this judgment be sent to the worthy Secretary Home and Tribal Affairs Department Khyber Pakhtunkhwa for its compliance strictly in terms of the directives contained herein.