Citation Name: 2023 YLR 661 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed NAVEED AKHTAR vs ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, LAHORE S — 2023 YLR 661 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 661 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 661 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed NAVEED AKHTAR vs ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, LAHORE S
Subject matter: Criminal
Provisions referred to: S. 11-EE---C; Anti-Terrorism Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 YLR 661 LAHORE-HIGH-COURT-LAHOREBookmark this Case Syed NAVEED AKHTAR VS ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, LAHORE S. 11-EE---Constitution of Pakistan, Arts. 4 & 5---Proscription of person---Right of individuals to be dealt in accordance with law---Loyalty to State and obedience to Constitution and law---Scope---Appellant's appeal was directed against order passed by Federal Government whereby his review application against inclusion of his name in Fourth Schedule of Anti-Terrorism Act, 1997 was dismissed---Validity---Executive power given to Federal Government had to be checked and when it effected the free mobility of the persons, it must be ensured that it was not exercised arbitrarily---Obedience to the State and the applicable law was undoubtedly a basic duty of every citizen of the country under Art. 5 of the Constitution---Likewise, it was also responsibility of the State to keep watch on the suspected persons for the purpose of monitoring their good conduct and if no adverse facts were brought to the knowledge of the authorities, they must not be haunted by previous conduct---Admittedly, during previous seven years, the appellant had not been involved in any criminal activity and had lead a life of a dutiful citizen, therefore, automatic inclusion of his name in Fourth Schedule consecutively for 3rd time was not protected under Art. 4 of the Constitution---Appellant's name was inserted in the Fourth Schedule without any adequate ground, which was not sustainable---Appeal was allowed and the impugned orders were set aside.

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