December 06, 2008	Saturday	Zilhaj 7, 1429

KARACHI, Dec 5: The Sindh High Court on Friday disposed of four petitions challenging the enlistment of names of four activists of banned outfits in the Fourth Schedule of the Anti Terrorism Act, 1997, after a provincial attorney informed the court that the Sindh home department has removed their names from the list.

The petitioners had invoked the writ jurisdiction of the SHC against the enlistment of their and their relatives’ names in the Fourth Schedule and police who they said harassed them by asking them to furnish a huge amount as a surety.

Ms Noshi Kanwal and Abu Bakar had filed two petitions on behalf of their husband and father, respectively, while the other two petitioners were Imran Jamshed and Syed Amin Raza. They submitted before the court that their names had been enlisted in the Fourth Schedule of the ATA 1997 for their affiliation with banned outfits due to which they were unable to move freely.

A division bench comprising Chief Justice Anwar Zaheer Jamali and Justice Ghulam Dastgir A. Shahani disposed of the petitions when Additional Advocate-General Sarwar Khan produced a Sindh government notification regarding the withdrawal of the petitioners’ and their relatives’ names from the Fourth Schedule.

However, according to the notification, the names of Syed Amin Raza, Imran Jamshed Bhatti, Muhammad Nasir, Moulana Allah Wasaya and Affan Leghari were removed from the list of the Fourth Schedule of the ATA 1997, with immediate effect subject to keeping their activities under surveillance for a period of six months.

Earlier, appearing on behalf of the petitioners, counsel Maqbool-ur-Rahman, argued that the authorities concerned could only place the name of a person in the Fourth Schedule for a period not exceeding three years.

He submitted that despite a lapse of about five years, the names of his clients were still on the Fourth Schedule as the provincial government did not withdraw their names from the list.

The counsel informed the court that the police were harassing his clients and had issued notices compelling them to furnish an amount of Rs10 million as sureties before the SPs concerned and warned them that they would be arrested in case of non-compliance.

He submitted that the amount of a surety was increased unlawfully and prayed to the court to order the government to withdraw the names of his clients from the Fourth Schedule and direct the police not to harass them.