LAHORE: The Lahore High Court has acquitted a man after setting aside his conviction on the charge of collecting funds for a banned outfit – Tehreek-i-Taliban Pakistan (TTP).

Syed Ghazi Shah was arrested by the Counter Terrorism Department (CTD) of Faisalabad under multiple sections of the Anti-Terrorism Act 1997. The trial court had awarded one-year rigorous imprisonment to him under section 11-F (6) of the ATA.

The convict assailed his conviction before the high court.

A two-judge bench comprising Justice Ali Baqar Najafi and Justice Farooq Haider allowed the appeal of the convict.

In its verdict, the bench observes that although the appellant was booked with the allegation of collecting funds for his proscribed organisation yet there was no evidence available on record to show that he was a member of the outfit or has any link with the same.

It further observes that there was nothing on record to show that the appellant has been collecting funds for the proscribed organisation in the past and no evidence was produced to show how he was inciting the public while standing at the scene of the alleged occurrence.

The bench says the prosecution is silent about the modus operandi of fund raising for the proscribed organisation as it is not out of place to mention that any person from whom the appellant demanded fund was not joined into the investigation. The prosecution could not establish that how, when and from whom appellant obtained the alleged receipt book of proscribed organisation or from where it was got printed, it adds.

“Nutshell of the above discussion is that prosecution has failed to prove its case against the appellant beyond shadow of doubt and in such a state of affairs there is no need to discuss defence version,” the bench says allowing the appeal.

Published in Dawn, February 25th, 2022