MUNAWAR KHAN vs The GOVERNMENT OF BALOCHISTAN S — 2025 PLD 25 QUETTA-HIGH-COURT-BALOCHISTAN

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MUNAWAR KHAN VS The GOVERNMENT OF BALOCHISTAN S. 11EE & Fourth Sched.---Constitution of Pakistan, Art. 4---Affiliation with a proscribed organization, allegation of---Placing of name in the Fourth Sched. to the Anti-Terrorism Act, 1997---Right of individuals to be dealt with in accordance with law---Scope---Petitioner, a professional driver, was aggrieved of inclusion of his name in the Fourth Schedule to the Anti-Terrorism Act, 1997, by concerned Deputy Commissioner (respondent) and his representation seeking review and reconsideration of the impugned order was dismissed---Validity---Fundamental rights of citizens, including the right to life, liberty, and security, has been guaranteed in the Constitution of Pakistan---Article 4 of the Constitution states that every citizen has the right to enjoy the protection of law and to be treated in accordance with the law---Provision of Art. 4 of the Constitution underscores the importance of safeguarding individual liberties against arbitrary state action---In the context of constitutional rights, the interpretation of laws that curtail the liberties of citizens is a critical aspect of legal jurisprudence---Principle of strict interpretation is grounded in the understanding that any law, which imposes restrictions on fundamental rights, must be clear, precise, and unambiguous---Fundamental rights are paramount to ordinary state-made laws and cannot be curtailed without clear legislative intent and such law is required to be scrutinized rigorously to ensure that it does not violate constitutional guarantees---Considering the impugned order on the touch stone of the settled principles of law, the same was based merely on surmises and conjectures to the extent of the petitioner which was neither justified and reasonable nor was in accordance with constitutional provisions---Respondents had failed to produce credible evidence, and not even a single document was produced to substantiate the claim that the petitioner was involved in terrorism; was an activist, or office-bearer or an associate of an organization kept under observation under S. 11D of the Anti-Terrorism Act, 1997, or proscribed under S. 11B of the Anti-Terrorism Act, 1997, and/or in any way concerned or suspected to be concerned with such organization or affiliated with any group or organization suspected to be involved in terrorism or sectarianism or acting on behalf of, or at the direction of, any person or organization proscribed under the Anti-Terrorism Act, 1997---Petitioner had also sworn in an affidavit/executed a bond as envisaged under S. 11EE of Anti-Terrorism Act, 1997---Deputy Commissioner (respondent) had acted beyond the scope of his authority by issuing the impugned order without any material evidence and through a non-speaking order based on surmises and conjectures---Such order was not only arbitrary but also violated the fundamental rights guaranteed under the Constitution of Pakistan---High Court declared the impugned order illegal, unlawful and without lawful authority to the extent of the petitioner and the respondents were directed to delete the name of the petitioner from the Fourth Sched. of the Anti-Terrorism Act, 1997---Constitutional petition was allowed.

MUNAWAR KHAN vs The GOVERNMENT OF BALOCHISTAN S — 2025 PLD 25 QUETTA-HIGH-COURT-BALOCHISTAN

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