| Citation(s) |
|---|
| 2017 SLG 2729 2017 SLD 2729 2017 PCRLJ 1371 |
Balochistan High Court
C.P. No. 252 of 2017, decision Dated: 18-05-2017. hearing Dated: 24-04-2017.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE ZAHEER UD DIN KAKAR, JUSTICE
Petitioner(s) by: Sher Baz
Respondent(s) by: Arbab Tahir, Saleem Baloch, A.A.G.
C.P. No. 252 of 2017, decision Dated: 18-05-2017. hearing Dated: 24-04-2017.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE ZAHEER UD DIN KAKAR, JUSTICE
Petitioner(s) by: Sher Baz
Respondent(s) by: Arbab Tahir, Saleem Baloch, A.A.G.
BIBI ZAWAR
VS
SESSIONS JUDGE QUETTA AND 2 OTHERS
Law: Anti Terrorism Act, 1997
Section: 6(1)(b),7(e),23
Law: Pakistan Penal Code, 1860
Section: 147,148,149,302,324,000
(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6(1)(b)---Act of "terrorism"---Determination as to whether an offence would fall within the ambit of "terrorism"---Essential ingredients to form an act of "terrorism" were the allegations made in the FIR; material collected during investigation and surrounding circumstances---To see as to whether the ingredients of alleged offence had any nexus with the object of the case as contemplated under Ss. 6, 7 & 8 of Anti-Terrorism Act, 1997---Motivation, object, design and purpose behind the said act was to be seen in order to determine as to whether a particular act was an act of terrorism or not---Action resulted in striking terror or creating fear, panic, sensation, helplessness and sense of insecurity among the people in the particular area would amount to terror---Such action would squarely fall within the ambit of S. 6 of the Anti-Terrorism Act, 1997 and would be triable by Anti-Terrorism Court. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 365, 147, 148 & 149---Anti-Terrorism Act (XXVII of 1997), Ss. 6(b), 7(e) & 23---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abduction with intent secretly and wrongfully to confine a person, rioting, rioting armed with deadly weapon, unlawful assembly---Application for transfer of case from ordinary criminal court to Anti-Terrorism Court by way of inserting S. 7, Anti-Terrorism Act, 1997---Scope---FIR showed that due to indiscriminate firing of the accused persons at the house of the complainant-petitioner, resulted in the murder of two persons, causing injuries to five other persons and abduction of two persons fell within the ambit of S. 6, Anti-Terrorism Act, 1997---Action of the accused resulted in striking terror and sence of insecurity amongst the people in the vicinity, which amounted to create terror in the area---Circumstances established that Anti-Terrorism Court had exclusive jurisdiction in the case as the action of accused squarely fell within the ambit of S. 6, Anti-Terrorism Act, 1997---Constitutional petition was allowed with the direction to the concerned Investigating Officer to insert S. 7, Anti-Terrorism Act, 1997 in the FIR. Ch.…
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