Law: Anti Terrorism Act, 1997

Section: 6,7(a),23

Law: Pakistan Penal Code, 1860

Section: 302

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6, 7(a) & 23---Penal Code (XLV of 1860), S. 302---Murder---Act of terrorism---Ingredients---Accused were aggrieved of order passed by Anti-Terrorism Court, declining to transfer case to court of plenary jurisdiction---Plea raised by accused persons was that ingredients of terrorism were missing in the case---Validity---Case of murder did not automatically become an act of terrorism under Anti-Terrorism Act, 1997---In addition to murder, other ingredients which formed a part of S.6 of Anti-Terrorism Act, 1997 also needed to be satisfied based on facts and circumstances of each case---Such additional ingredients included whether act was designed to coerce and intimidate or overawe government or public or a section of public or community or sect or foreign government or population or any international organization or created a sense of fear or insecurity in society along with necessary intent---Deceased was a senior activist of a major political party and her murder was intended to spread fear amongst other members/potential voters of that political party shortly before re-election in the constituency---Such offence of murder fell within ambit of S.6 Anti-Terrorism Act, 1997 as other ingredients had also been met---High Court declined to interfere in order passed by Anti-Terrorism Court---Revision was dismissed in circumstances. Bashir Ahmad v. Muhammad Siddique PLD 2009 SC 11; Shahbaz Khan v. Special Judge Anti-Terrorism Court Lahore PLD 2016 SC 1 and Najam un Nisa v. Judge Special Court Constituted under Anti-Terrorism Act, 1997 2003 SCMR 1323 rel. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, JUSTICE:---.--- By this order, we propose to dispose of the above criminal revision application filed under Sections 526 and 561-A, Cr.P.C on behalf of the appellants (Mohammed Rashid @ Master and Zahid Abbas @ Zaidi) challenging therein the order dated 25.02.2015 passed by the learned Anti-Terrorism Court (ATC) No.III, Karachi, in Special Case No. 341(III)/2014, whereby the applications under section 23 of Anti Terrorism Act 1997 (ATA) of the appellants were dismissed (the impugned order). 2. The facts of the case as…

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