| Citation(s) |
|---|
| 2014 SLG 2329 2014 SLD 2329 2014 PLD 639 |
Lahore High Court
Writ Petition No. 31650 of 2013, heard on 21st January, 2014
SHAHID HAMEED DAR AND MAZHAR IQBAL SIDHU, JJ
Ch. Asif Sharif for Petitioiner. Ch. Babar Waheed for
Respondent. Sittar Sahil, A.A.G. with Tariq Awan Inspector/SHO for the State
Writ Petition No. 31650 of 2013, heard on 21st January, 2014
SHAHID HAMEED DAR AND MAZHAR IQBAL SIDHU, JJ
Ch. Asif Sharif for Petitioiner. Ch. Babar Waheed for
Respondent. Sittar Sahil, A.A.G. with Tariq Awan Inspector/SHO for the State
KHUR-RAM WAHEED
VS
THE STATE and 2 others
Law: Anti Terrorism Act, 1997
Section: 6(1),Cls.(b),(k),7,23
Law: Constitution of Pakistan, 1973
Section: 199
Law: Pakistan Penal Code, 1860
Section: 384,506,337H(2)
(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6(1), Cls. (b) & (k), 7 & 23---Penal Code (XLV of 1860), Ss.384, 506 & 337-H(2)---Extortion, criminal intimidation, rash and negligent act endangering human life---Constitution of Pakistan, Art.199---Constitutional petition---Transfer of case from Anti-Terrorism Court to regular court---Community---Connotations---Act of accused persons though was (directed) against an individual yet its impact had to be considered with surrounding circumstances---Complainant was member of business community running business in a busy area---Ransom was demanded in such a way by accused persons and the manner in which complainant was directed to proceed to a Chowk coupled with firing shots at a public place and eight days time (dead line) for arrangement of ransom, might have spread sense of terror, fear and insecurity in the vicinity complainant was running business---Complainant being member of a particular community (business community), prosecution case fell within ambit of Cls.(b) and (k) of S.6 of the Anti-Terrorism Act, 1997 and the alleged offence was liable to be punished under S.7 of the Anti-Terrorism Act, 1997---In view of surge in heinous crimes, outlaws perpetrating such crimes had to be dealt with drastically---Constitutional petition was dismissed. 2012 SCMR 517; 2013 YLR 92; Fazal Dad v. Col. (Rtd.) Ghulam Muhammad Malik PLD 2007 SC 571; Watan Party and another v. Federation of Pakistan and others PLD 2011 SC 997 and The State v. Waqar and others 2013 MLD 1072 ref. (b) Words and phrases--- ----"Community"---Connotation---Community was a society or group of people with similar rights or interests---Community indicated a group of people with common identity other than location. Black's Law Dictionary rel. JUDGMENT MAZHAR IQBAL SIDHU, J.---Khurram Waheed petitioner after having been recommended to be prosecuted in a case registered against him vide F.I.R. No.520 dated 7-9-2013 registered on the complaint of Muhammad Abbas under sections 384/506/337-H(2), P.P.C. read with section 7, Anti Terrorism Act, 1997 (added during investigation vide case diary dated 25-9-2013 at Police Station Naulakha, Lahore) has…
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