Law: Anti Terrorism Act, 1997

Section: 6,23

Law: Penal Code (XLV of 1860)

Section: 302(b)

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6 & 23---Penal Code (XLV of 1860), S. 302(b)---Transfer of case from Anti-Terrorism Court to court of ordinary jurisdiction---"Terrorism"---Scope---Personal dispute---Female medical student allegedly murdered over refusal of marriage---Held, that there were no benign murders nor the aftermaths of violence endured by its victims and anguish suffered by their families could be quantified in an empirical gauge---Magnitude of every murder and concomitant loss impacted the surroundings differently, which inevitably were gripped by fear and shock, however, the intensity of brutality and loss of life, consequent thereupon, by themselves did not bring a violent act within the contemplated purview of "terrorism"---"Terrorism" was a distinct phenomena achieved through violent means and ends other than settlement of personal scores---While the tragedy in the present case that befell upon the deceased girl evolved profound shock and deserved to be appropriately visited on the strength of evidence, so as to ensure justice to her family, it nonetheless, could not be equated with "terrorism"---Case was withdrawn from the Anti-Terrorism Court and entrusted to the concerned Sessions Judge, who was directed to conclude the trial in jail premises by recording evidence of the remaining witnesses---Petition for leave to appeal was converted into appeal and allowed accordingly. Ghulam Hussain and others v. The State and others PLD 2020 SC 61 ref. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Asma Rani, 18/19, a medical student, was shot dead at 15:20 p.m. on 27.1.2018 within the remit of Police Station K.D.A. Kohat; incident was reported by her brother Muhammad Irfan, who blamed the petitioners for the crime; deceased's refusal to tie knot with Mujahid Ullah accused is cited as a motive behind the gruesome incident that sent a shock wave throughout the realm. It is in this backdrop that the accused were sent to face trial before a Court constituted under the Anti Terrorism Act, 1997; the accused pleaded for the trial in regular jurisdiction, a request declined by the learned Special Judge vide order dated…

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