Law: Anti Terrorism Act, 1997

Section: 6,6(1)(a)(b),6(2)(a),7,7(1)(a),7(2),23

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Constitution of Pakistan, 1973

Section: 4(1)

Law: Pakistan Penal Code, 1860

Section: 34,302,324

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6---"Act of terrorism"---Ascertainment---Whether an offence fell within the ambit of S. 6 of Anti-Terrorism Act, 1997, it was essential to have a glance over the allegations made in the FIR, material collected during investigation and surrounding circumstances as well as the ingredients of "terrorism" as provided under Ss. 6 & 7 of the Act, 1997. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Anti Terrorism Act (XXVII of 1997), Ss.7 & 23---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, act of terrorism---Petition for transfer of case from ordinary criminal court to Anti-Terrorism Court was dismissed; same was allowed in appeal---Prosecution case was that the accused along with co-accused persons made indiscriminate firing upon the brothers and nephew of complainant with pistol, due to which, brother and nephew of complainant died---Motive behind the occurrence was stated to be a previous enmity---Record showed that at the time of passing the order for transfer of case to the Anti-Terrorism Court, only the FIR was available before the Court and that too at pre-trial stage---After going through the entire evidence recorded by the Anti-Terrorism Court and surrounding circumstances of the case collected during investigation reflected that the case did not fall within the purview of S.6 of the Anti-Terrorism Act, 1997---Contents of FIR and the statements recorded by the witnesses showed that the said offence was committed due to personal vendetta or enmity and relevant elements of terrorism were missing in the case---Circumstances suggested that accused persons were dragged into the fold of terrorism or terror activities---Counsel for the parties had contended that case of the accused was one of the personal vendetta and previous enmity, which did not fall within the purview of "terrorism", which was to be tried by an ordinary court---Appeal was partly allowed and the case was remanded to the ordinary criminal court for de-novo trial in accordance with law. Province of Punjab v. Muhammad Rafiq and others PLD 2018 SC 178 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.- This…

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