Law: Pakistan Penal Code, 1860

Section: 148,149,186,302,324,000

Law: Anti Terrorism Act, 1997

Section: 25

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 353, 186, 148 & 149---Anti Terrorism Act (XXVII of 1997), S. 25---Qatl-i-amd, attempt to commit qatl-i-amd, assault and criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Appeal against final order under S.25, Anti-Terrorism Act, 1997---Scope---Prosecution case was that on the fateful day, a police contingent headed by Inspector in hot pursuit for the arrest of the accused of homicide was confronted by outlaws, duly nominated as well as unknown, variously armed, as a result whereof, Inspector was caught in the line of fire---Group of proclaimed offenders joined the accomplices from the opposite direction---Both sides exchanged fires for almost three hours and as the guns went silent, from amongst the accused, seven were spotted dead---Accused, eight in number, were apprehended at the spot while the remainders took to heels---Accused came up with their own story, related by complainant, he arrayed as many as 18-accused, comprising Police Officials as well as members of opposite clan, for playing havoc with the family with colossal loss of life as well as properties---Private complaint filed by complainant against eighteen accused came up before the court, but the court after recording cursory evidence declined to issue process, hence the revision---Validity---Section 25 of the Anti Terrorism Act, 1997, provided an appeal against the final order---High Court's authority to issue an appropriate writ, inter alia, in the form of mandamus or certiorari was far much wider than statutory jurisdiction to examine correctness, legality or propriety of any finding---Argument that a contra construction of the Act would expose the aggrieved person to the risk of denial of remedy did not hold water---Revision petition being misconceived was held as incompetent, thus, failed. Abdul Aziz v. The State PLD 1981 SC 352; Habib Bank Ltd. v. The State and 6 others 1993 SCMR 1853 and Fazeelat Bibi's case PLD 2013 SC 361 ref. (b) Interpretation of statutes---…

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