Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)-- ----------S. 6---------"Terrorism"---------Scope---------To determine the question as to whether an offence fell within the meaning of "terrorism"---------It would be essential to have a glance over the allegations levelled in the FIR, the material collected by the Investigating agency and the surrounding circumstances, depicting the commission of offence---------Whether a particular act was an act of terrorism or not, the motivation, object, design or purpose behind the act had to be seen---------Term "design" as used in S.6 of the Anti-Terrorism Act, 1997, which had given a wider scope to the jurisdiction of the Anti-Terrorism Courts excluded the intent or motive of the accused---------Motive and intent had lost their relevance in a case under S.6(2) of the Anti-Terrorism Act, 1997---------What was essential to attract the mischief of said section was the object for which the act was designed. (b) Anti-Terrorism Act (XXVII of 1997)-- ---------S.6---------Term "design" as used in S.6---------Definition. Act is done "designedly" when done by design, on purpose, intentionally; "design" is plan or scheme conceived in mind and intended for subsequent execution, preliminary conception of idea to be carried into effect by action, contrivance in accordance with pre-conceived plan; and "to design" is to form plan or scheme of, conceive and arrange in mind, originate mentally, plan out, contrive. Words and Phrases, Permanent Edition--Vol.12 ref. (c) Anti-Terrorism Act (XXVII of 1997)--------- ----------Ss. 6 & 23---------Penal Code (XLV of 1860), Ss. 302, 324 & 34---------"Terrorism"---------Scope---------Target killing of a rival candidate for election of Provincial Assembly---------Whether such offence fell within the meaning of "terrorism"---------Transfer of case to Anti-Terrorism Court---------FIR stated that the accused party chased the complainant party in order to execute the murderous plan conceived in their minds; it was a pre-planned scheme and to execute the same, the accused party chased the vehicles of the deceased and opened fire due to which four persons lost their lives and several others sustained…

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