Law: Constitution of Pakistan, 1973

Section: 199

Law: Anti Terrorism Act, 1997

Section: 6(2)(m)(n),7,23

Law: Pakistan Penal Code, 1860

Section: 34,302,324

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Pakistan Penal Code (XLV of 1860), Ss. 302, 324 & 34--Anti-Terrorism Act, (XXVII of 1997), Ss. 6(2)(m) 7 & 23--Application for addition of Section 7 ATA--Dismissed--Private motive--Attraction of provisions--Question of--Whether or not, instant occurrence attracts provisions of Section 7 of act rendering case to be cognizable by Anti-Terrorism Court--Challenge to--Provisions of sections 6(2)(n) of Act can only be attracted where a person belonging to Forces mentioned supra is targeted with violence while discharging his duties, performing his official functions or action complained of is designed with object of creating a sense of fear and insecurity, except in cases where propelling force behind occurrence is private motive--In order to attract provisions of Act, act complained of must have a serious nexus with provision of Section 6--To exercise jurisdiction under Act ibid, 'design' or 'purpose' behind action coupled with mens rea to constitute offence of terrorism is sine qua non but same has not been taken into consideration by learned Court below while deciding application of petitioner--There is also nothing 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 so strong may be, cannot substitute reality--Occurrence had taken place as a result of private motive inter-se parties, hence, addition of Section 7 of Act in FIR and submission of challan before Anti-Terrorism Court is declared to be illegal and without lawful authority--Petition was allowed. THIS ORDER PASSED BY: ANWAARUL HAQ PANNUN, 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 08.10.2018, passed by the learned Judge, Anti-Terrorism Court-II, Multan (Respondent No. 1) whereby application filed by the petitioner under Section 23 of the Anti-Terrorism Act, 1997 (hereinafter to be referred as 'the Act') in case FIR No. 381 dated…

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