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Citation Name: 2024 PCrLJ 1875 PESHAWAR-HIGH-COURTBookmark this Case Mufti Kifayatullah vs Government of Pakistan through Ministry of Interior, Islamabad S — 2024 PCrLJ 1875 PESHAWAR-HIGH-COURT

Case information

Citation
2024 PCrLJ 1875 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 1875 PESHAWAR-HIGH-COURTBookmark this Case Mufti Kifayatullah vs Government of Pakistan through Ministry of Interior, Islamabad S
Subject matter
Criminal
Provisions referred to
S. 11EE; S. 24-A---P; S. 11-EE; S. 24-A; General Clauses Act (X of 1897); Anti-Terrorism Act; Anti- Terrorism Act; General Clauses 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: 2024 PCrLJ 1875 PESHAWAR-HIGH-COURTBookmark this Case Mufti Kifayatullah VS Government of Pakistan through Ministry of Interior, Islamabad S. 11EE, & Fourth Sched.---General Clauses Act (X of 1897), S.24-A---Proscription of person---Placing name of an accused in Fourth Sched. to the Anti-Terrorism Act, 1997, by the Provincial Government---Scope---Application of the petitioner that his name be excluded/deleted from Fourth Sched. of Anti-Terrorism Act, 1997, was refused---Validity---In the present case, the respondents had failed to provide any valid reason or justification for placing the name of the petitioner/appellant in Fourth Sched., whereas the only evidence available with the respondents was that there were many criminal cases registered against the petitioner, but perusal of the record revealed that the petitioner had not been convicted in any of the criminal case, rather in most of the cases, he had been acquitted of the charge, therefore, there was no justification with the respondents for placing the name of the petitioner in the Fourth Sched. of Anti-Terrorism Act, 1997---Respondents had failed to place on record any material to show that the petitioner was a member of the proscribed organization or involved in terrorist funding---Respondents had failed to justify any ground which made the basis of Notification dated 25.08.2021 for placing the name of the petitioner under S.11-EE in Fourth Sched. of Anti- Terrorism Act, 1997---Pre-requisites for placing the name of the petitioner in the Fourth Schedule had not been fulfilled and it seemed that the impugned Notification was unreasonable and had been passed without application of mind, whereas, under S.24-A of the General Clauses Act, the public functionaries were bound to exercise jurisdiction in good faith and in a reasonable manner---Constitutional petition was allowed by setting aside the impugned Notification.

Other judgments reported in 2024 PCRLJ

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