ORDER
SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt: Petition No.D- 602 of 2012.
DATE ORDER WITH
SIGNATURE OF HON’BLE JUDGE
FOR KATCHA PESHI.
16th. May, 2016.
Mr.
Shafique Ahmed Leghari,
State Counsel.
Mr.
Liaquat Ali Shar, Advocate
is holding brief on behalf of Mr. Syed Jaffer Ali
Shah, learned Counsel for petitioners and requests for adjournment as the
latter is reported to be out of station.
Learned
State Counsel raised objection with regard to maintainability of instant
petition, whereby the petitioner has expressed his grievance regarding
Notification dated 03.11.2011, issued by the Home Department, Government of
Sindh, whereby the name of petitioner was shown in forth schedule of column for
three years, which period according to learned Counsel for the petitioner has
also expired. It has been further stated that petitioner also had opportunity
to file an appeal in terms of Section 11(EE) of Anti-Terrorism Act, 1997, which
appears to have not been filed by the petitioner. It appears that the period of three years,
for which the name of the petitioner was placed in fourth schedule of
Anti-Terrorism Act, 1997 has already expired, whereas, the petitioner and his
Counsel have not remained vigilant to proceed with the matter, which is pending
since 2012 without any useful progress. We are of the opinion that either the
grievance of the petitioner has been redressed or he has lost interest to
proceed with the matter. Accordingly,
instant petition is dismissed for non-prosecution. However, if the name of
petitioner still appears in the fourth schedule, he may be at liberty to
approach the relevant authority which shall consider the request for the
petitioner strictly in accordance with law.
JUDGE
JUDGE
A.R.BROHI