Law: Anti Terrorism Act, 1997

Section: 7,11-F

Law: Explosive Substances Act, 1908

Section: 4,5

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 7 & 11-F---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Criminal Procedure Code (V of 1898), S. 103---Act of terrorism---Making or possessing explosives under suspicious circumstances---Membership, support and meetings relating to a Proscribed Organization---Search to be made in presence of witnesses---Appreciation of evidence---Benefit of doubt---Scope---Accused persons were convicted for having been found in possession of explosive substances---Despite prior information, the mandatory provisions of S. 103 of the Criminal Procedure Code, 1898 (Cr.P.C.) were not complied with, and no explanation was provided in this regard---Furthermore, there is no evidence on record indicating the involvement of the accused in terrorist activities or their status as previous convicts or hardened criminals---Accused did not resist the police raid nor provide any disclosure following the recovery or discovery of new facts permitted under Art. 40 of the Qanun-e-Shahadat, 1984, nor did they make any confession---Father of an accused person had made a complaint to the Levies that his three sons were present at home, the security personnel came and abducted them on gunpoint, however, the Levies did not register any FIR---Trial Court had misread the evidence by holding that the prosecution had been able to prove its case against the accused; thus, the conclusion arrived at was not sustainable under the law and was liable to be reversed---Appeals were allowed and the impugned judgment was set aside. (b) Constitution of Pakistan--- ----Arts. 4, 9 & 14---Right of individuals to be dealt in accordance with law---Security of person---Inviolability of dignity of man---Right to liberty---Upholding human dignity and legal safeguards---Scope---Out of the legal rights, the right to liberty is placed on a higher pedestal, which is to be respected by all and sundry---This is because courts are the guardians of the liberties of the citizens---Even the worst criminal in society is entitled to legal safeguards, and his legal rights cannot be taken away on one pretext or the other---Article 4 of the Constitution also safeguards the…

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