Law: Anti Terrorism Act, 1997

Section: 6,7,23

Law: Pakistan Penal Code, 1860

Section: 302,324

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6, 7 & 23---Penal Code (XLV of 1860), Ss. 302 & 324---"Act of terrorism"---Scope---Private motive---Effect---Accused was aggrieved of dismissal of his application whereby Trial Court declined to delete S. 7 of Anti-Terrorism Act, 1997---Validity---In order to attract provision of Anti-Terrorism Act, 1997, act complained of must have a serious nexus with provision of S. 6 of Anti-Terrorism Act, 1997---To exercise jurisdiction under Anti-Terrorism Act, 1997 'design' or 'purpose' behind action coupled with mens rea to constitute offence of terrorism was sine qua non---Trial Court had not taken it into consideration while deciding application of accused---Nothing was available on record to show that life and liberty of large number of persons in village was put in danger because of firing of accused party---In absence of solid and admissible evidence mere conjectures and surmises how strong might be, could not substitute reality---Occurrence had taken place as a result of private motive between parties---High Court declared addition of S. 7 of Anti-Terrorism Act, 1997 in FIR and submission of challan before Anti-Terrorism Court to be illegal and without lawful authority---High Court directed Special Judge Anti-Terrorism Court to transfer record of case to court of ordinary jurisdiction for further proceedings in accordance with law--- Constitutional petition was allowed in circumstances. Province of Punjab through Secretary Punjab Public Prosecution Department and another v. Muhammad Rafique and others PLD 2018 SC 178; Kashif Ali v. The Judge Anti-Terrorism Court No. II, Lahore PLD 2016 SC 951 and Mst. Raheela Nasreen v. The State and another 2002 SCMR 908 ref. Waris Ali and 5 others v. The State 2017 SCMR 1572; Nazim Khan v. Special Judge, Anti-Terrorism Court 2002 MLD 1433 and Muhammad Riaz v. Mian Khadim Hussain, Additional Sessions Judge, Mianwali and 11 others 2002 YLR 203 rel. THIS ORDER PASSED BY: ANWAARUL HAQ PANNAN, JUSTICE---.--- Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has challenged the vires of order dated…

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