IHC: ECP can't invalidate lawmakers named in ‘Fourth Schedule’

The high justice expelled a outcome that elucidated powers of a Election Commission of Pakistan (ECP) for disqualifying a authority whose name is mentioned in a Fourth Schedule of a Anti-Terrorism Act (ATA).

Justice Amir Farooq announced a verdict, observant that ECP was not authorised to announce any lawmaker unfit enclosed in a list of persons.

Earlier, a petition was filed in a high justice opposite ECP’s pierce that unfit Pakistan Tehreek-e-Insaf (PTI) Member of Provincial Assembly (MPA) Shah Muhammad from Khyber Pakhtunkhwa (KP)’s Bannu-89 subdivision over his inclusion in a list.

PTI’s Shah Muhammad had been unfit as MPA and a member of district legislature by a elect on Sep 21 – 2017. Muhammad’s box had represented by distinguished counsel Dr Babar Awan.

Fourth Schedule

The Fourth Schedule is a list of restricted people who are suspected of terrorism and/or sectarianism underneath a Anti-Terrorism Act (ATA), 1997. After convincing comprehension information, their names are enclosed in a fourth report as prescribed by a Home Department and can be subjected to restrictions on travel, debate and business.

The National Counter Terrorism Authority (NACTA) manages a list of restricted people in ‘Fourth Schedule’ of a Anti-Terrorism Act (ATA) after collection of information from a sovereign areas, provinces including a sovereign collateral Islamabad and Gilgit-Baltistan region.

Special Branch of internal military triggers chain of a names on a ‘Fourth Schedule’, whereas, Senior Superintendent Police (SSP) Operations forwards reports to a elect of a endangered division. Later, a elect forwards a names of restricted persons to home secretary’s bureau of that province.

The commissioner’s officer forwards a record to a interior secretary if a recommendations come from Islamabad.

In some cases, applicable confidence agencies brazen names to a home secretary of a range or a Ministry of Interior while few of a cases are instituted by provincial home departments or a ministry.

Article source: https://www.suchtv.pk/pakistan/general/item/85709-ihc-ecp-cannot-disqualify-lawmakers-named-in-fourth-schedule.html