| Citation(s) |
|---|
| 2020 SLG 1111 2020 SLD 1111 2020 PCRLJ 807 |
Lahore High Court
Criminal Revision No. 25867 and Criminal Miscellaneous Nos. 4 and 3 of 2019, decided on 23rd October, 2019.
ASJAD, JAVAID GHURAL, JUSTICE FAROOQ HAIDER, JUSTICE
Zafar Iqbal Chohan, Special Prosecutor for Petitioner.
Criminal Revision No. 25867 and Criminal Miscellaneous Nos. 4 and 3 of 2019, decided on 23rd October, 2019.
ASJAD, JAVAID GHURAL, JUSTICE FAROOQ HAIDER, JUSTICE
Zafar Iqbal Chohan, Special Prosecutor for Petitioner.
STATE THROUGH ASSISTANT DIRECTOR (LAW), REGIONAL DIRECTORATE ANTINARCOTICS FORCE, PUNJAB, LAHORE
VS
JUDGE ANTITERRORISM COURT, FAISALABAD AND ANOTHER
Law: Anti Terrorism Act, 1997
Section: 6
Anti-Terrorism Act (XXVII of 1997)--- ----S. 6---"Terrorism"---Murderous assault on the police in order to save oneself from arrest---Scope---Question requiring determination by the court was whether the alleged act of the accused and his co-accused of launching murderous assault on the police party, who had intercepted and recovered narcotic substance from him, was accompanied by a "design" or "purpose" within the ambit of subsection (1)(b) & (c) of S. 6 of the Anti-Terrorism Act, 1997 in order to attract any of the categories specified in subsection (2) thereof or not---Allegation was serious one but it was not accompanied by the design of creating the sense of fear and terrorism---Theme for insurgence of the provisions was specifically mentioned as an act designed to coerce, intimidate or overawe the government or the police or section of the public to create the sense of insecurity, fear and panic in the society---Alleged act of the accused was the result of his attempt to save himself from the arrest, which did not fall within the categories specified under subsection (2) of S. 6 of the Anti-Terrorism Act, 1997---Allegations leveled against the accused did not attract the jurisdiction of Anti-Terrorism Court---Impugned order did not suffer from any illegality, perversity or jurisdictional defect warranting interference by the High Court---Revision petition was dismissed in limine. THIS ORDER PASSED BY: Crl. Misc. No.4/2019 This application for restoration of Criminal Misc. No.3/2019 is allowed subject to all just and legal exceptions. Let the said application be taken up for hearing. Crl. Misc. No.3/2019 2. This application for restoration of main petition is allowed subject to all just and legal exceptions. Let the main case be taken up for hearing. Crl. Revision No.25867/2019 3. Through this criminal revision under section 435, Cr.P.C., the State has challenged the vires of order dated 23.05.2018 passed by the learned Judge, Anti-Terrorism Court, Faisalabad whereby on receiving report under section 173, Cr.P.C. in case FIR No.41 dated 27.08.2017, in respect of offences under sections 324, 224, 353 and 186, P.P.C., section 7 of the Anti-Terrorism Act,…
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