Case Details

Citation(s)
2015 SLG 2995 2015 SLD 2995 2015 YLR 2409
Lahore High Court
Writ Petition No. 17681 of 2015, decided on 29th June, 2015
MUHAMMAD ANWAARUL HAQ AND SYED SHAHBAI ALI RIZVI, JJ
Azam Nazeer Tarar and Mazhar Ali Ghallu for Petitioners. Sittar Sahil, Assistant Advocate General and Mazhar-ul-Haq, Inspector for the State Syed Zahid Hussain Bokhari and Muhammad Ahsan Bhoon, for
Respondent No. 2

GHULAM AKBAR

VS

The STATE and others

Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Preamble, Ss. 23, 6 & 7---Object of Anti-Terrorism Act, 1997---"Terrorism", meaning and scope---Definition of "terrorism", as incorporated in S. 6 of Anti-Terrorism Act, 1997, reflected that meaning of "terrorism" included use or threat of action that fell within the meaning of subsection (2) of said section and included use or threat, if designed to coerce and intimidate or overawe the Government or the public, or a section of public or community or sect; or create a sense of fear or insecurity in the public-at­large; or use of threat for the purpose of advancing a religious sectarian or ethical use or intimidation and terrorism against the public, social sectors, business community etc. and attacking civilian, Government Officials, installations, security forces or law enforcing agencies--- While applying a particular law, court must take into consideration the object for which the law had been enacted---Anti­-Terrorism Act, 1997, as per its Preamble, was enacted "to provide for the prevention of terrorism, sectarian violation and for speedy trial of heinous offences and for matters connected therewith, and incidental thereto"---Interpretation of criminal law required that, the same should be interpreted in the way it defined the object and not to construe in a manner, what could defeat the ends of justice, or the object of law itself---For determining the issue as to whether the offence, was triable under the Anti-Terrorism Act, 1997 or not, nature of offence, had to be seen in the light of the averment that how the same had been omitted along with the particular place of incident and further that by that act, a sense of fear and insecurity in the society, had been created in the minds of the people at large or not---Striking of terror, was sine qua non for the application of the provisions, as contained in S.6 of Anti-Terrorism Act, 1997. (b) Penal Code (XLV of 1860)-- ----Ss. 452, 337-H(2), 342, 440, 447, 511, 148 & 149---Anti-Terrarism Act (XXVII of 1997), Ss.7 & 23---Constitution of Pakistan, Art. 199---Constitutional petition---House trespass after preparation for hurt, assault or wrongful…
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