Law: Anti Terrorism Act, 1997

Section: 6(1)(b)(c),7,23

Law: Penal Code (XLV of 1860)

Section: 302,324,427

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6(1)(b)(c), 7 23---Penal Code (XLV of 1860), Ss. 302, 324 427---Act of terrorism---Jurisdiction of special court---Transfer of case---Complainant lodged FIR against accused persons for causing qatl-i-amd, attempt to qatl-i-amd and causing loss to property---Accused persons were aggrieved of order passed by Anti-terrorism court whereby their application for transfer of case to court of ordinary jurisdiction was dismissed---Validity---Motive for alleged offences was nothing but personal enmity and private vendetta---Motivation on part of accused persons was not to overawe or intimidate government, etc., or to destabilize society at large or to advance any sectarian cause, etc.---Intention of accused persons had not depicted or manifested any 'design' or 'purpose' as contemplated by S. 6(1)(b) or (c) of Anti-Terrorism Act, 1997---Actus reus attributed was not accompanied by necessary mens rea so as to brand actions as "terrorism" triable exclusively by a special court constituted under Anti-Terrorism Act, 1997---High Court set aside order passed by Anti-terrorism Court as same was without lawful authority and of no legal effect---High Court accepted application filed by accused persons under S. 23 of Anti-Terrorism Act, 1997 and declared their case to be triable by court of ordinary jurisdiction---Constitutional petition was allowed accordingly. Ghulam Hussain and others v. The State and others PLD 2020 SC 61 rel. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6---"Act of terrorism"---Prerequisites---Only that action is to be accepted as terrorism which action falls within purview of S. 6(2) of Anti-Terrorism Act, 1997---Such action which is committed with a 'design' or 'purpose' specified in S. 6(1)(b) or (c) of Anti-Terrorism Act, 1997 irrespective of gravity of an offence, shocking nature of violence committed or mere fear and insecurity generated or likely to be generated by commission of a brutal, gruesome or heinous act are not to be treated as yardsticks for determining whether action is labeled as 'terrorism' or not. Ghulam Hussain and others v. The State and others PLD 2020 SC 61 and Province of Punjab…

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