Law: Azad Jammu and Kashmir Anti-Terrorism Act, (XL of 2014)

Section: 6,5

(a) Azad Jammu and Kashmir Anti-Terrorism Act, 2014--- ----Ss. 6 5---Terrorism---Act done in furtherance of previous enmity---Scope---Question before Court was whether the provisions of S. 6 of Azad Jammu and Kashmir Anti-Terrorism Act, 2014, were attracted to the case of appellants or not---Section 6 of Azad Jammu and Kashmir Anti-Terrorism Act, 2014, could not be read in isolation rather the same had to be read together with S. 5---Allegation against accused persons was that they murdered a person in a brutal manner at a public place in furtherance of previous enmity---Details of previous enmity were mentioned in the challan---Nothing was mentioned in the challan that the accused did the act of murder to achieve any object/purpose enumerated in S. 5(1)(b) of Azad Jammu and Kashmir Anti-Terrorism Act, 2014---Appeal was allowed and while accepting the writ petition the case was transferred from the Court of Anti-Terrorism to District Court of Criminal Jurisdiction.   Ghulam Hussain and others v. The State and others Criminal Appeals Nos. 95, 96 of 2019 Civil Appeal No. 10-L of 2017 and Criminal Appeal No. 63 of 2013 rel. (b) Azad Jammu and Kashmir Anti-Terrorism Act, 2014--- ----S. 5---Terrorism---Scope---If any act which causes death, grievous violence against a person or grievous bodily injury or harm to a person, grievous damage to property, kidnapping, hijacking, etc (contained in other subsections of S. 5 of the Azad Jammu and Kashmir Anti-Terrorism Act, 2014), is designed/done with the object/purpose to coerce and threat or scare the Government or the public or a section of the public or community or sect or a foreign Government or population or an international organization or creates a sense of fear or insecurity in society; then the provisions of Azad Jammu and Kashmir Anti-Terrorism Act, 2014, shall be attracted. (c) Azad Jammu and Kashmir Anti-Terrorism Act, 2014--- ----S. 5---Terrorism---Acts done in furtherance of personal enmity---Scope---Act done in furtherance of personal enmity or private vendetta, even if the same is heinous in nature but the object of the same is not as has been mentioned in S. 5(1)(b) of Azad Jammu and Kashmir…

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