| Citation(s) |
|---|
| 2013 SLG 2070 2013 SLD 2070 2013 YLR 92 |
Lahore High Court
Writ Petition No.15601 of 2011, decision dated: 7-07-2011
SHAHID HAMEED DAR AND ALTAF IBRAHIM QURESHI, JJ
Rai Nadeem Iqbal Kharal for Petitioner. Ch. Muhammad Shabbir Gujjar, Assistant Advocate General for
Respondent (on Courts call)
Writ Petition No.15601 of 2011, decision dated: 7-07-2011
SHAHID HAMEED DAR AND ALTAF IBRAHIM QURESHI, JJ
Rai Nadeem Iqbal Kharal for Petitioner. Ch. Muhammad Shabbir Gujjar, Assistant Advocate General for
Respondent (on Courts call)
PERVAIZ IQBAL
VS
SPECIAL JUDGE, ANTITERRORISM COURT NO.III and 2 others
Law:
Section:
(a) Anti-Terrorism Act (XXVII of 1997)--- ----S.6---Terrorism---Components and constituents of terrorism detailed. The 'purpose', the motivation, the 'actus reus' and the 'mens rea' constitute the components of terrorism or an act of terrorism. An action designed to coerce and intimidate or overawe the government or the public or section of public or community or sect or, if such an action is designed to create a sense of fear or insecurity in society in the backdrop of religious, sectarian or ethnic cause, shall constitute an act of terrorism or a terrorist act. To create fear or insecurity in the society through a crime is not by itself terrorism unless the motive or the design or the actus reus or mens rea pre-exists for creating such fear or insecurity in the society. A private crime resulting into fear or insecurity as a by-product, a fall out or an unintended consequence of fright etc. cannot be termed as an act of terrorism. Mere gravity, heinousness, gruesomeness or shocking nature of any offence, committed in pursuance of personal enmity or in settlement of personal vendetta is not by itself sufficient to brand such crime as a terrorist act or an act of terrorism. Mehram Ali and others v. Federation of Pakistan and others PLD 1998 SC 1445 and Muhabbat Ali and another v. The State and another 2007 SCMR 142 ref. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6, 7 & 23---Penal Code (XLV of 1860), Ss. 324/ 148/ 149/ 427/ 337-A(i)/ 337-F(iii)/ 337-L(2)--- Constitution of Pakistan, Art.199---Attempt to commit qatl-e-amd, rioting with deadly weapons, causing hurts---Constitutional petition---"Act of terrorism", determination of---Nexus had to be shown between the act done and the objective or design by which the offence had been committed, to formulate an opinion whether or not such offence could be termed an act of terrorism---In the absence of such linkage it could not be held that the offence committed in the background of personal enmity or vendatta, transmitting a wave of terror or fright or horror, was necessarily an act of terrorism---Complainant and his co-witnesses had categorically stated during investigation that the accused mentioned in the…
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