| Citation(s) |
|---|
| 2018 SLG 151 2018 SLD 151 2018 PLD 178 |
Civil Appeals Nos. 955 and 956 of 2014, decision Date : 22-12-2017, hearing Date : 23-11-2017. Against the judgment Dated 16-4-2014, passed by the Lahore High Court, Rawalpindi Bench, in Writ Petitons Nos. 3054 and 3275 of 2012.
SARDAR TARIQ MASOOD, JUSTICE, FAISAL ARAB, JUSTICE
Ch. Muhammad Sarwar Sidhu, Addl. PG and Riaz-ul-Haq, DSP for the State (in C.A. No.955 of 2014). Kh. Haris Ahmed, Senior Advocate Supreme Court and Tariq Aziz, Advocate-on-Record for Appellant (in C.A.No.956 of 2014). Syed Zahid Hussain Bokhari, Advocate Supreme Court for
Respondents Nos.1-4 (in C.A.No.955 of 2014). Nemo for
Respondent No.11 (in C.A.No.955 of 2014). Raja Abdul Ghafoor, Advocate on Record for
Respondents No.1, 2, 18-19 (in C.A.No.956 of 2014). Nemo for
Respondent No.6 (in C.A.No. 956 of 2014). Nemo for other
Respondents.
Law:
Section:
(a) Anti-Terrorism Act (XXVII of 1997) --- ----S. 6 & Preamble---Cases not attracting the provisions of Anti-Terrorism Act, 1997---Scope---Personal vendetta or enmity---Preamble of the Anti-Terrorism Act, 1997 clearly indicated that the said Act was promulgated for the prevention of terrorism, sectarian violence and for speedy trial of heinous offences---In cases of the terrorism, the mens rea should be an object to accomplish the act of terrorism and carrying out terrorist activities to overawe the state, the state institutions, the public at large, destruction of public and private properties, assaulting the law enforcing agency and even at the public at large in sectarian matters---Ultimate object and purpose of the offending act must be to terrorize the society but in ordinary crimes committed due to personal vendetta or enmity, such elements were always missing, so the crime committed only due to personal revenge could not be dragged into the fold of terrorism and terrorist activities. Mehram Ali v. Federation of Pakistan PLD 1998 SC 1445 ref. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6 & Preamble---Cases attracting the provisions of Anti-Terrorism Act, 1997---Pre-requisites---Creating terror or sense of insecurity in the general public---Courts while deciding the question of attraction of the provisions of the Anti-Terrorism Act, 1997 had to see the manners in which the incident had taken place including the time and place and should also take note of whether the act created terror or insecurity in the general public---Where the action of the accused resulted in striking terror or creating fear, panic and sense of insecurity among the people in a particular vicinity, it amounted to terror within the ambit of S.6 of the Act---Courts were required to see whether the terrorist act was such that it would have the tendency to create the sense of fear or insecurity in the minds of the general public as well as psychological impact created in the mind of the society---Courts could form their opinion after going through the facts, circumstances and material so collected by the police in the case. (c) Constitution of Pakistan--- ----Art.…
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