Law:

Section:

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6, 7, 8 & 23---Object and scope of Ss.6, 7 & 8 of Anti-Terrorism Act, 1997---"Act of terrorism", determination of---Principles---Case triable by Anti-terrorism court---Ingredients---In order to determine as to whether an offence would fall within the ambit of S.6 of Anti-Terrorism Act, 1997, it was essential to have a glance over the allegations made in the FIR; material collected during investigation and surrounding circumstances and to examine; whether the ingredient of alleged offence had any nexus with the object of the case as contemplated under Ss.6, 7, 8 of Anti-Terrorism Act, 1997; whether a particular act was an act of terrorism or not, the motivation, object, design and purpose behind the said act was to be seen; whether said act had created a sense of fear and insecurity in the public, or in a section of the public or community, or in any sect; whether action resulted in striking terror or creating fear, panic, sensation, helplessness; and sense of insecurity among the people in the particular area, the same would amount to terror and such an action would fall within the ambit of S.6 of Anti-Terrorism Act, 1997, and would be triable by a Special Court constituted for such purpose---Courts had only to see, whether the 'terrorist act' was such which would have the tendency to create sense of fear and insecurity in the minds of the people or any section of the society---In the present case, accused person had committed offence on the main road and target was Sub-Inspector of Police was not material that Police functionary was on duty or not at the time of violation---In the result of indiscriminate firing by automatic weapons two persons had lost their lives---Act of accused on main road in brutal manner, had created fear and insecurity to the general public---Act of accused involved serious violence against the members of the Police force---Case, in circumstances, prima facie fell under S.6(n) of Anti-Terrorism Act, 1997, and Anti-Terrorism Court had the exclusive jurisdiction to try the same---Application of accused, to transfer case to regular court, was dismissed, in circumstances. The State…

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