AHMAD OMAR SHEIKH vs GOVERNMENT OF SINDH through Chief Secretary S — 2022 YLR 217 KARACHI-HIGH-COURT-SINDH

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AHMAD OMAR SHEIKH VS GOVERNMENT OF SINDH through Chief Secretary S. 3---anti-Terrorism act (XXVII of 1997), Ss. 11-EEE, 11-EE & Fourth Sched.---Constitution of Pakistan, arts. 199 & 10---Constitutional petition---Safeguards as to arrest and detention---Power to arrest and detain suspected persons---Proscription of persons---Enemy alien--- Scope--- Petitioners challenged three separate Preventive Detention Orders (PDOs) issued by the Provincial Government for a period of three months one after the other and a notification placing the names of petitioners on the Fourth Sched. of the anti-Terrorism act, 1997---argument of Government was that all the petitioners were “enemy aliens” and as such art. 10 of the Constitution was not applicable to them---Validity---“Enemy aliens” were a class of persons who were not nationals in the State in which they were residing and their State of origin was in a declared war with the State where they were residing---Such would indicate persons who might have been nationals of the State but had their origin in the State with which the State they were currently residing in was at war---all the petitioners were Pakistani nationals---One of the petitioners held dual nationality, however whilst he was in Pakistan his Pakistani nationality prevailed over his other nationality---Petitioners, at best, were terrorists/ militants who at this point in time were not proven to belong to any banned organization in Pakistan---Pakistan was not involved in any declared international armed conflict nor in any declared internal armed conflict---Pakistan was fighting groups which could be described as insurgents, terrorists and/or militants mainly of an internal nature---Petitioners were declared to be not “enemy alien” and as such art. 10(9) of the Constitution was not applicable to any of them---Constitutional petition was allowed, in circumstances.

AHMAD OMAR SHEIKH vs GOVERNMENT OF SINDH through Chief Secretary S — 2022 YLR 217 KARACHI-HIGH-COURT-SINDH

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