Case Details

Citation(s)
2016 SLG 3117 2016 SLD 3117 2016 MLD 877
Sindh High Court
Cr. Revision Application No. 9 of 2015, decided on 28th August, 2015.
ABDUL RASOOL MEMON AND AFTAB AHMED GORAR, JUSTICE
Ghulam Ali Samtio and Asif Ali Abdul Razak Soomro for Applicants. Habibullah G. Ghouri for the Complainant.

QAMar courtUDDIN and 4 OTHERS --Applicants

VS

The STATE - --Respondent

Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 561A --------- Penal Code (XLV of 1860), Ss. 302, 324, 337-H(2), 147, 148 & 149 --------- Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7 --------- Qatl-i-amd, attempt to commit Qatl-i-amd, ghayr-Jaifah rioting a hurt by rash or negligent act, unlawful assembly and terrorism --------- Essential ingredients of "terrorism" --------- Contention of accused was that essential ingredients constituting Ss. 6 & 7 of Anti-Terrorism Act, 1997 lacked in the case but Trial Court without considering evidence collected by Joint Investigation Team during course of re-investigation and affidavits of seven injured persons, did not accept supplementary report submitted by police for deletion of Ss. 6 & 7 of Anti-Terrorism Act, 1997 --------- Complainant's plea was that at morning time accused made indiscriminate firing with automatic weapons at the office of one Security Company causing death of four persons and injuring more than twenty persons and had put general public in the office and on road under imminent danger to their lives and thereby created a sense of fear and insecurity --------- Validity --------- Whenever any action was taken which created fear and insecurity in any section of people, then such offence would fall within the ambit of S. 6 of Anti-Terrorism Act, 1997 where more than 25 persons duly armed with automatic weapons assaulted upon complainant party and made indiscriminate firing at the office of Security company, wherein not only complainant party sustained firearm injuries and four were killed, but several other persons were injured, such incident caused uncertain atmosphere and created fear in locality --------- Trial Court had rightly found that Ss. 6 & 7 of Anti-Terrorism Act, 1997 had full application in the case and had rightly applied the same --------- Deletion of said provisions at later stage apparently seemed to be with mala fide intention just to favour the accused --------- Application was dismissed, accordingly. Nazeer Ahmed v. Nooruddin 2012 SCMR 517 rel. THIS ORDER PASSED BY: ABDUL RASOOL MEMON, JUSTICE:---------- This criminal revision application is directed…
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