| Citation(s) |
|---|
| 2011 SLG 6621 2011 SLD 6621 2011 PCRLJ 1370 |
Sindh High Court
Criminal Miscellaneous Application No. D-471 and M.A. No.3524 of 2010, decided on 5th May, 2011.Date of hearing: 22ndMarch, 2011.
Before Sajjad Ali Shah and Muhammad Ali Mazhar, JJ
Aftab Ahmed Warraich for the Applicant. Muhammad Iqbal Kalhoro, Additional P.-G. for the State. Salahuddin Panhwar for
Respondents Nos. 1 and 4.
Criminal Miscellaneous Application No. D-471 and M.A. No.3524 of 2010, decided on 5th May, 2011.Date of hearing: 22ndMarch, 2011.
Before Sajjad Ali Shah and Muhammad Ali Mazhar, JJ
Aftab Ahmed Warraich for the Applicant. Muhammad Iqbal Kalhoro, Additional P.-G. for the State. Salahuddin Panhwar for
Respondents Nos. 1 and 4.
NOORUDDIN---Applicant
VS
NAZEER AHMED and 4 others---Respondents
Law: Anti Terrorism Act, 1997
Section: 6,7
(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6 & 7---"Terrorism"---Meaning and applicability---Word 'Terrorism', inter cilia would mean the use or threat of action, where use or threat was designed to coerce and intimidate or overawe the government or the public; or a section of public or community; or sect or create a sense of fear or insecurity in society; and would create a serious risk to safety of the public or a section of public; or was designed to frighten the general public and thereby prevent them from coming out and carrying on their lawful trade and daily business; and disrupt civil life---Section 6 of Anti-Terrorism Act, 1997 has its own independent applicability and interpretation and all acts of `terrorism' in relation thereto were to be seen on the touchstone of S.6 which has provided and defined in detail the meaning of 'terrorism'---Legislature has neither provided any immunity nor relaxation that in case of previous enmity the case would not be tried by the Anti-Terrorism Court, but again the criteria to judge was the gravity of offence; and its modus operandi, whether it created a sense of fear or insecurity in the society; and created a serious risk to safety of the public or a section of the public; or was designed to frighten the general public; and thereby prevent them from coming out and carrying on their lawful trade and daily business; and disrupt civil life---Striking off terror was sine qua non for the application of provisions of S.6 of Anti-Terrorism Act, 1997 which could not be determined without examining the nature, gravity and heinousness. of the alleged offence, contents of F.I.R., its cumulative effect on the society or a group of persons--- "Terrorism " would mean the use or threat of "action" where the action would fall within the meaning of subsection (2) of S.6 of Anti-Terrorism Act, 1997; and would create a serious risk to the safety of the public; or a section of the public; or was designed to frighten the general public---Such action would amount to 'terrorism' as enumerated in S.6 of Anti-Terrorism Act, 1997. PLD 2005 SC 530 ref. (b) Anti-Terrorism Act [(XXVII of 1997)--- ----Ss. 6 & 7---Penal Code (XLV…
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