| Citation(s) |
|---|
| 2004 SLG 2926 2004 SLD 2926 2004 PLD 917 |
Supreme Court of Pakistan
Civil Appeal No. 283 of 1998 decided on 15th April, 2004. (On appeal against the judgment dated 11-4-1997 of the High Court of Sindh Karachi passed in F.R.A. No. 506 of 1998).
NAZIM HUSSAIN SIDIDQUI, C.J., ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Muhammad Ilyas Siddiqui, Advocate Supreme Court instructed by M. A. Zaidi, Advocate-on-Record for Petitioner. Malik Rab Nawaz Noon, Senior Advocate Supreme Court for
Respondent. Syed Shabbar Raza Rizvi, A.G., Punjab and Ms. Afshan Ghazanfar, A.A.G., Punja
Civil Appeal No. 283 of 1998 decided on 15th April, 2004. (On appeal against the judgment dated 11-4-1997 of the High Court of Sindh Karachi passed in F.R.A. No. 506 of 1998).
NAZIM HUSSAIN SIDIDQUI, C.J., ABDUL HAMEED DOGAR AND FAQIR MUHAMMAD KHOKHAR, JJ
Muhammad Ilyas Siddiqui, Advocate Supreme Court instructed by M. A. Zaidi, Advocate-on-Record for Petitioner. Malik Rab Nawaz Noon, Senior Advocate Supreme Court for
Respondent. Syed Shabbar Raza Rizvi, A.G., Punjab and Ms. Afshan Ghazanfar, A.A.G., Punja
MUHAMMAD FAROOQ
VS
IBRAR and 5 others
Law:
Section:
Anti-Terrorism Act (XXVII of 1997)--- ----Ss: 6, 7 & 8---Penal Code (XLV of 1860), Ss. 302/324/148/149--Object of promulgation of Anti-Terrorism Act, 1997---To bring an offence within the ambit of the Act, it is essential to examine that the said offence should have nexus with the object of the Act and offences covered by its Ss.6, 7 & 8---Motive in the present case, though was shown to be a previous enmity, yet paramount consideration to betaken note of was the cumulative fall out of the occurrence which had taken place in Mosque, a public place particularly during Jumma prayer where a large number of people usually assemble to offer prayer, and such circumstance was sufficient to attract the provisions of S. 6 of the Anti-Terrorism Act, 1997---Principles. [Ibrar v. Safdar Hussain Malik, Judge, A.T.A. Court II, Rawalpindi and 3 others PLD 2004 Lah. 726 reversed]. The very object to promulgate Anti-Terrorism Act, 1997 was to control the acts of terrorism, sectarian violence and other heinous offences as defined in section 6 of the Act and their speedy trials. To bring an offence within the ambit of the Act, it is essential to examine that the said offence should have nexus with the object of the Act and the offences covered by its sections 6, 7 and 8. On bare perusal of sub-clauses (b), (d), (h) and (i) of subsection (1) of section 6 of the Act, it is abundantly clear that the offence which creates a sense of fear or insecurity in society, causes death or endangers a person's life, involves firing on religious congregations. mosques; imambargahs, churches, temples and all other places of worship, or random firing to spread panic, or involves any forcible takeover of mosques or other places of worships, falls within its ambit. In the present case though the motive is shown to be a previous enmity yet paramount consideration to be taken note of is the culminative fall out of the occurrence. The incident having taken place in Mosque, a public place particularly during Jumma prayer where a large number of people usually assemble to offer prayer is sufficient to attract the provisions of section 6 of the Act. In such cases, the time, place and manner of the…
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