Through this petition filed under - Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 petitioner Muhammad Tahir has assailed vires of order dated 19.11.2017 whereby his name has been placed on 4th Schedule of ATA, 1997 being active Member of defunct organization "Jaishe-Muhammad " involving in terrorist activities to spread panic and terrorism in the public-at-large.
2. The bottom line of arguments advanced by learned counsel for the petitioner was that in previous case vide FIR No. 32/2015 on the basis of which petitioner alleged to be active member of proscribed organization under reference has since been acquitted by this Court vide judgment dated 19.5.2016 passed in Criminal Appeal No. 2339 of 2015. He next argued that after that no new evidence was collected by the respondent authorities whereby it could be ascertained that present petitioner was involved in mischievous and objectionable activities prejudicial to public safety
3. Contentions have been opposed.
4. Arguments heard. Record perused.
5. During arguments when confronted as to whether any new evidence regarding involvement of the petitioner in promoting cause of defunct organization "Jaish-e-Muhammad " for terrorism or sectarianism was collected by the respondent authorities after his acquittal from case FIR No. 32/2015, as mentioned above, learned Assistant Advocate General was not in a. position to furnish any plausible or valid reason in this regard except that name of the petitioner was listed in 4th Schedule on the basis of source information excep t this there is no other evidence available on record. No doubt name of a person can be inserted repeatedly in the list of 4th Schedule of ATA, 1997 provided some fresh evidence or material is surfaced on record but in the instant case there is no such evidence available with the State functionaries present in Court.
6. In this backdrop, we allow this petition. Orders dated 31.01.2017 and 10.11.2017 passed by Respondents No. 1 & 2 being illegal and unlawful are, hereby set aside. Respondents are directed to exclude name of the petitioner from the list of 4th Schedule, forthwith.