Law:

Section:

Anti-Terrorism Act (XXVII of 1997) --------- ----------Ss. 2, 6 (c), 7 & 12 --------- Penal Code (XLV of 1860), Ss. 302 & 324 --------- Religious and sectarian cause --------- Jurisdiction of Trial Court --------- Case of qatl-i-amd and attempt to commit qatl-i-amd was registered against accused and case was sent to Anti-Terrorism Court for trial but transferee Court returned the same on the ground that Court of ordinary jurisdiction could not send the case to it for trial --------- Validity --------- Provision of S. 6(c) of Anti-Terrorism Act, 1997, was an independent provision also defining terrorism --------- After cl. (b) in S. 6 of Anti-Terrorism Act, 1997, word "or" was used clearly suggesting that any action mentioned in cl. (c) would also be an act of terrorism and in order to apply cl. (c), conditions mentioned in S. 76(b) of Anti-Terrorism Act, 1997, were not required to be attracted --------- In order to attract S. 6 of Anti-Terrorism Act, 1997, allegations contained in crime report and statements of witnesses recorded under S. 161, Cr.P.C. to be examined --------- According to accusation contained in FIR lodged by complainant, he along with his brothers, deceased and sisters was coming back to his home after attending "Majlis-e-Aza" when unidentified assailants started firing causing injuries to deceased who died ultimately --------- Prima facie there was an action within the meaning of S. 6(c) of Anti-Terrorism Act, 1997, for the purposes of advancing religious and sectarian cause --------- High Court directed prosecution branch to submit report under S. 173, Cr.P.C. to court of competent jurisdiction --------- Petition was allowed in circumstances. THIS ORDER PASSED BY: MEHMOOD MAQBOOL BAJWA, JUSTICE:---------- Crime report bearing No. 582 of 2013 was registered initially under sections 324 and 34 with addition of offence under section 302 of The Pakistan Penal Code, 1860 (Act No. XLV of 1860) (hereinafter called "Act No. XLV of 1860") at Police Station Ratta Amral, Rawalpindi. 2. Report under section 173 of The Code of Criminal Procedure, 1898 (Act V of 1898) (hereinafter called "The Code") was submitted before the Court of Session at…

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