ASJAD JAVAID GHURAL, J.---Through this appeal under . Section 11-EE(3A) of the Anti-T errorism Act, 1997 read with Section 410 Cr.P.C., appellant Muhammad Ilyas has challenged the vires of Order No.SO(IS-I) 10-400/1 1 (Part-1) dated 24.10.2019 passed by the Additional Chief Secretary (Home) Government of the Punjab, Home Department whereby appeal of the appel lant against Order No.SO (IS-I) 4-10/201 8 (Sargodha ) dated 29.01.2019 notifying the appellant's name in list of 4th Schedule (hereinafter called the Schedule) of the Anti-T errorism Act, 1997, was dismissed.
2. Succinctly , the facts of the case are that name of the appellant was entered in the 4th Schedule of the Act ibid vide order dated 29.01.2019 issued by the Additional Chief Secretary (Home), Government of the Punjab, Home Department with the allegation of being involved in terrorism/sectarianism and there after his review application was dismissed by the said officer vide impugned order No.SO(IS-I), 10-400/1 1 (Part-1) dated 24.10.2019. Hence, this appeal.
3. Learned counsel for the appellant submits that the appellant has never been indulged in any activity of instigating the public against any rival sect or the government or in any anti-state, anti-social, religious or ethnic activity , which might have imparted panic in the public; that mere registration of criminal cases against the appellant have been taken as a tool to enlist his name in the Schedule; that the said cases were got registered by the appellant's opponents due to their person al vendetta. He has been acquitted in all those cases. It is finally prayed the appellant's name may be deleted from the 4th schedule of the Act ibid.
4. On the other hand, learned Addl. Advo cate General has vehemently contended that name of the appellant was entered in the Schedule on the basis of solid and concrete information as he, being top leader of defunct organizations 'Sipah Sahaba Pakistan' and 'Lashkar -i-Jhangvi' , had been involved in the activities spreading panic in the public and hatered against his rival sect especially Barelvi sect.
5. We have heard learned counsel for the appellant, learned Deputy Prosecutor General appearing for the State and perused the record with their able assistance.
6. In order to invoke the provisions of Section 11-EE of the Act ibid, there must be reasonable information in order to prima facie establish that the person to be enlisted in the Schedule is an activist, office-bearer or an associate of a proscribed organization or an organization suspected to be involved in terrorism or sectarianism. The information should be gathered from any credible source whether domestic or authorized including governmental and regulatory authorities, the law enforcement and intelligence agencies, financial institutions, banking and non- banking companies and even-internationa l institutions. Nothing has been mentioned in the statute that the material must be placed in black and white in support of such information. The word 'information' has been used and not 'material' for inserting name of any person in the Schedule.
7. Learned counsel for the appellant has focused that there must be some material to place the name of any person in list of the Schedule, which nega tes the very purpose of the law. The report submitted by the respondents shows that the name of the appellant was included in the Schedule on the source of information received through credible means and banking institutions. Not only the information but also some material has been placed on record for satisfaction of the Court. It has categorically been mentioned that the appellant was detained for 90-days under Section 11(EEEE) of the Act ibid due to his negative activities being initated by him in his Madrissah and fourteen criminal cases have so far been registered against him wherein though he has been acquitted in most of the cases yet it shows his conduct. It has further been reported that a joint combing operation was conducted in the religious institution being run by the appellant from where ten Kalashnikovs, two shot guns, one pistol 9-MM and one pistol 30-bore were recovered out of which, most of the weapons were licensed in different names but later on, the same were proposed to be cancelled. It has also been observed that three bank accounts in Meezan Bank Ltd., University Road, Sargodha in the name of the appellant had been blocked whereas one in the name of Abid Jamshed bearing No. 02000003177, Meezan Bank DHA Phase-III, Y-Block, Laho re was used for foreign funding from USA, UK, Germany and Canada for the religious institution of the appellant. Further that the appellant had affiliation with proscribed organizations and he used to indulge himself in negative activities against the State. This is fourth time the name of appellant has been inserted in the Schedule but he has not mended his ways and even during that period, he violated the restrictions imposed against him under Section 11(EE) of the Act ibid during the said period.
7(sic). We are not oblivious of the fact that earlier the petitioner's name was deleted from the Schedule once by this Court vide order dated 01.04.2010 passed in Writ Petition No.9652/2007 on the main ground that name of a person can only be included in the Schedule "if the provincial government receives any information from any source that such person is an activist member , office bearer or associate of any proscribed organization and not on the ground of registration of criminal cases and even no one can be kept in the Schedule for an indefinite period.
Unfortunately , not a single ground has been mentioned or discussed due to which the appellant was placed in the Schedule". The said order infers that the appellant had nothing to do with any of the reasons mentioned in Section 11(EE) of the Act ibid however , he was involved in one criminal case. Meaning thereby , at that very moment, no such information or material was availabl e to keep name of the appellant in the Schedule. The present scenario is quite different as credible information and sufficient material is available against the appellant, which do not permit us to delete name of the appellant from the Schedule.
For what has been discussed above, the appeal in hand is without any merit, the same stands dismissed . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.