| Citation(s) |
|---|
| 2004 SLG 2569 2004 SLD 2569 2004 PLD 199 |
Lahore High Court
Writ Petition No. 15843 of 2003, decided on 14th January, 2003. dates of hearing: 12th, 13th and 14th January, 2004
ASIF SAEED KHAN KHOSA AND M.A. SHAHID SIDDIQUI, JJ
Ch. Fawad Hussain assisted by Muhammad Asif Ismail for Petitioner. Muhammad Sohail Dar, Asstt. A.G. for
Respondents Nos.1 and 3. Ras Tariq Chaudhry, Advocate for
Respondent No. 2
Writ Petition No. 15843 of 2003, decided on 14th January, 2003. dates of hearing: 12th, 13th and 14th January, 2004
ASIF SAEED KHAN KHOSA AND M.A. SHAHID SIDDIQUI, JJ
Ch. Fawad Hussain assisted by Muhammad Asif Ismail for Petitioner. Muhammad Sohail Dar, Asstt. A.G. for
Respondents Nos.1 and 3. Ras Tariq Chaudhry, Advocate for
Respondent No. 2
BASHARAT ALI
VS
SPECIAL JUDGE, ANTI€‘TERRORISM COURT€‘II, GUJRANWALA--Respondent
Law:
Section:
(a) Anti-Terrorism Act (XXVII of 1997)------S. 6 [as substituted by Anti-Terrorism (Amendment) Ordinance (XXXIX of 2001)]---"Terrorism"---Concept---Currently no definition of `terrorism" is available in the customary international law---"Terror" as a manifestation of horror, shock or disgust, is known to human society and civilization since times immemorial but "terrorism" as an 'ism' or an articulated pattern of thought and activity, is relatively of a recent origin---" Terrorism" and "terror"---Distinction---Test to determine whether a particular act is "terrorism" or not is the motivation, object, design or purpose behind the act and not the consequential effect created by such act---"Terrorism", in this context has to be understood as a species different and apart from terror, horror, shock, fear, insecurity, panic or disgust created by an ordinary crime---History of recent "terrorism" in the world and an insight into how the world has understood and tried to define the same may be a significant help and of critical importance in appreciating the true meanings and import of the term "terrorism". Terror, as a manifestation of horror, shock or disgust, is known to human society and civilization since times immemorial but terrorism, as an 'ism' or an articulated pattern of thought and activity, is relatively of a recent origin. Terror and terrorism are concepts quite distinct from each other and the quintessence of the two notions is not difficult to distil. Terror as a manifestation of fright, dread, fear or insecurity is a consequential effect created by an act that may not necessarily be motivated to create such an effect whereas terrorism is an activity designed to create such an effect of terror. The critical difference between the two is the design and purpose understood in the criminal, jurisprudence as mens rea. In the case of terror the act, or the actus reus, is not motivated to create fear and insecurity in the society at large but the same is actuated with a desire to commit a private crime against targeted individuals, etc. and the fear and insecurity created by the act to the society at large is only an unintended consequence or a fall out…
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