Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Pakistan Penal Code, 1860

Section: 324,353,399,402

Law: Anti Terrorism Act, 1997

Section: 6,7,23

(a) Criminal Procedure Code (V of 1898)--- ----S. 561-A--- Constitution of Pakistan, Art. 199--- Inherent powers/constitutional jurisdiction of High Court---Scope---High Court had the power in appropriate cases, in the interest of justice, to convert an application under S. 561-A, Cr.P.C., into constitutional petition. Muhammad Akram v. DCO, Tahim Yar Khan 2017 SCMR 56 and Shamsul Haq and others v. Mst. Ghoti and 8 others 1991 SCMR 1135 rel. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6---"Terrorism"---Ingredients---Three ingredients of the offence of terrorism under S.6(1)(a) and (b) of Anti-Terrorism Act, 1997 are firstly, taking of action specified in S.6(2) of Anti-Terrorism Act, 1997; secondly, that action is committed with design, intention and mens rea; and thirdly, it has the impact of causing intimidation, awe, fear and insecurity in the public or society. Shahbaz Khan v. Special Judge Anti-Terrorism Court Lahore PLD 2016 SC 1 rel. (c) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6, 7 & 23---Penal Code (XLV of 1860), Ss. 324, 353, 402 & 399---Attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, assembling for purpose of committing dacoity, making preparation to commit dacoity, terrorism---Application for transfer of case to ordinary court---Police had alleged that an encounter took place between seven to ten police officers and eight to ten criminals---No body from the police side was injured and no damage was caused to any police mobile during the encounter which made the case of ineffective firing---No independent eye-witness or Mashir was associated---Finding in the impugned order that the encounter created panic terror and sense of insecurity in the mind of the people of the locality and the elements of terrorism as defined in S. 6, Anti-Terrorism Act, 1997 were fully attracted, was without force---Action did not fall within the definition of S. 6 Anti-Terrorism Act, 1997 since it had not been shown to be committed with design, intention and mens rea; and it had no impact of causing intimidation, awe, fear and insecurity in the public or society for simple reason that the incident…

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