of innocence and fair trial. In a nutshell, we find the petitioner's allegations
against sections 35 and 54 of POTA to be devoid of merit in law.
Finally, regarding section 44(2) & (3) of POTA, the petitioner alleged
that they contravene rights to fair hearing and to form associations or
organizations under articles 13(6)(a) and 20(1) of the Constitution. However,
we have found nowhere the petitioner or his counsel has substantiated how
the impugned provisions contravene the aforementioned rights.
Under section 44(2) & (3) of POTA, it is patent clear that, the Minister
or a person authorized by him based on information or criminal
intelligence reports, may cause the refusal of registration of an applicant
for registration as a registered trustees or revocation of registered trustees
on ground of being linked with suspected resource support from a terrorist
group. However, that refusal or revocation, as the case may be, can be done
upon that applicant or the registered trustees being served with copy of the
Certificate and notice if the Certificate is determined to be reasonable.
In the present petition the petitioner and his counsel did not
substantiate the allegations. We do not thus understand how the petitioner
will be prejudiced by the decision taken by the Minister or a person
authorized by him to act on a tangible information or intelligence report
received which is certified and found reasonable to be acted upon for
national security. Therefore, we respectfully disagree with the petitioner that
section 44(2) & (3) of POTA violates articles 13(6)(a) and 20(1) of the
Constitution regarding right to fair hearing and to form associations or
organizations. We thus find section 44(2) & (3) to be well clothed and
salvaged by article 30(2) of the Constitution.
Page 35 of 37
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات