Case Details

Citation(s)
2019 SLG 2771 2019 SLD 2771 2019 PLJ 163
Lahore High Court
W.P. No. 1692 of 2016, decision & hearing Dated: 10.01.2018
QAZI MUHAMMAD AHMED, JUSTICE RAJA SHAHID MEHMOOD ABBASI, JUSTICE
Petitioner(s) by: Malik Waheed Anjum, Advocate
Respondent(s) by: Raja Ikram Amin Minhas, Advocate Mr. Raza Abbas Naqvi, Assistant Advocate General Punjab.

JUNAID QURESHI

VS

STATE & 14 OTHERS

Law: Pakistan Penal Code, 1860

Section: 148,149,302,324

Law: Criminal Procedure Code (V of 1898)

Section: 173

Law: Anti Terrorism Act, 1997

Section: 6,7,23

Law: Constitution of Pakistan, 1973

Section: 199

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324, 148 & 149-- Constitution of Pakistan, 1973, Art. 199--Criminal Procedure Code, 1898, S. 173--Lodging of FIR--Motive behind Crime--Submission of report in special Court--Case was transferred to Court of sessions--Filling of writ petition--Allowed--Case was remitted into regular jurisdiction by special Judge--Terrorism--Procedure--Legislation of--Maintainability--Legislature in its wisdom, brought such type of cases out of regular jurisdiction by providing a special forum with a time frame as well as through a procedure that left limited space to accused as compared to normal procedures--Controversy cropped up with cases involving heavier magnitude of violence and loss of life, however, falling outside categories mentioned above--Loss of life in terms of six homicidal deaths extremely unfortunate, nonetheless, is sequel of a rivalry raging between two factions for considerable span of time with no nexus with purposes to be attended by Act ibid, therefore, view taken by learned Special Judge being unexceptionable does not call for any interference--Petition was dismissed. Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 7--Terrorism--Scope of--Concept of ''terrorism' has been focus of judicial scrutiny since quite some time; it is essentially in backdrop of selection of jurisdiction to try certain acts of violence, distinguishable from run of mill criminal cases with a view to provide an accelerated and expeditious mechanism for their disposal; these are cases by and large emanating from modern urban terrorism or concomitance, motives operating beyond State boundaries. Conventional Motive-- ----Anti Terrorism Act, 1997, S. 6--Combination of both design based upon ideological, political or sectarian considerations directed either upon specific targets or public at large involving magnitude of violence with resultant damage that may possibly bring a case within mischief of Section 6 of Act--In absence of design contemplated above cases involving settlement of personal scores in cases grounded into conventional motive have to be tried in regular jurisdiction. PLD 2017 SCMR 661 & 2017 SCMR 1572, ref.…
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