Law: Anti Terrorism Act, 1997

Section: 6,34,ThirdSched.

Law: Pakistan Penal Code, 1860

Section: 336A,336B,34

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6, 34 & Third Sched., Para No.4(iv)---Penal Code (XLV of 1860), Ss.336-A, 336-B & 34---Constitution of Pakistan, Art.199---Constitutional petition---Hurt caused by corrosive substance, common intention---Transfer of case to court of ordinary jurisdiction---Principles---Jurisdiction of Anti-Terrorism Court---Scope and determination---"Terrorism," meaning of---"Corrosive substances", definition of---Accused was alleged to have thrown acid on son of complainant, due to which he suffered damage on different parts of body---Anti-Terrorism Court on application of accused, transferred case to court of ordinary jurisdiction on ground that alleged incident was result of personal motive, and there was no intention on part of accused to cause panic, fear, terror and instability in any section of society---Validity---Section 6 of Anti-Terrorism Act, 1997 provided definition of 'terrorism', but to the extent of act or action mentioned in subsection (2), subsection (1) provided certain pre-requisites provided in sub-cls. (b) and (c) to bring use of threat of action provided in subsection (2) within meaning of 'terrorism', Subsection (3) was very relevant under which pre-requisites provided in subsection (1) were to be considered whenever use or threat of action provided in subsection (2) were to be evaluated to determine as to whether or not same fell under definition of 'terrorism' which determined the jurisdiction of Anti-Terrorism Court---Legislature had left no space for interpretation or determination with regard to certain actions by placing same in Third Schedule of Anti-Terrorism Act, 1997---Under S.34 of Anti-Terrorism Act, 1997, offence of causing hurt by means of corrosive substance or attempt to cause hurt by means of corrosive substance which was punishable under S.336-A, P.P.C., had been added in Third Schedule of Anti-Terrorism Act, 1997---Explanation to S.336-A, P.P.C. clarified that corrosive substance also included every kind of acid which had corroding effect and was deleterious to human body---Paragraph No.4(iv) of Third Schedule to Anti-Terrorism Act, 1997, clearly postulated that Anti-Terrorism Court…

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