Law: Anti Terrorism Act, 1997

Section: 6,23

Anti-Terrorism Act (XXVII of 1997)--- ----Ss.6 23---Act of terrorism---Power to transfer cases of regular Court to Special Court---Scope---Accused along with others was alleged to have fired at the police party upon being espied---Accused moved application under S. 23 of Anti-Terrorism Act, 1997, before the Trial Court, which was allowed vide impugned order---Held, for an action or threat of action to be accepted as terrorism within the meaning of S.6 of Anti-Terrorism Act, 1997, the action must fall in subsection (2) of S.6, of Anti-Terrorism Act, 1997 and the use or threat of such action must be designed to achieve any of the objectives specified in clause (b) of subsection (1) of S.6---Any action constituting an offence, howsoever, grave, shocking, brutal, gruesome or horrorfying did not qualify to the term terrorism if it was not committed with the design or purpose specified or mentioned in clauses (b) or (c) of subsection (1) of S.6, of the Anti-Terrorism Act, 1997---Ingredients of S. 6(1)(b) (c) were conspicuously absent---Application was dismissed. Ghulam Hussain and others v. The State PLD 2020 SC 61 fol. ORDER YOUSUF ALI SAYEED, J.---- Briefly, the backdrop to the matter is that on 27.02.2020, the present Applicant was apparently on patrol as a member of a five-man police party, which was stopped at Race-Course Road near Royal Plaza Sukkur by one Imdad Ali Shah, who informed them of the presence of four armed men at his residence situated on the 3rd floor of that building. It is said that they espied the assailants upon reaching that spot at about 0005 hours, who opened fire, with two bullets striking the Applicant. Thereafter, two of the assailants were apprehended whilst attempting to flee whereas the others managed to make good their escape. FIR No.28/2020 was then registered accordingly at Police Station A Section, Sukkur (the FIR) under Sections 324, 353 and 34, P.P.C., read with Section 7 of the Anti-Terrorism Act, 1997 (the ATA), however an Application under Section 23 of the ATA was moved by the arrested accused in Special Case No. 12/2020 arising from said FIR, which was allowed by the learned Judge, Anti-Terrorism Court-I, Sukkur vide Order…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492