Case Details

Citation(s)
2011 SLG 975 2011 SLD 975 2011 YLR 19
Lahore High Court
Writ Petition No. 16742 of 2010, heard on 16-08-2010.
IJAZ AHMAD CHAUDHRY, JUSTICE SHAHID HAMEED DAR, JUSTICE
Aitzaz Ahsan for Petitioner. Ch. Amjad Ali Chattha, A.A.G., Ch. Jamshed Hussain, D.P.G. and Muhammad Afzaal Siddiqui for the Complainant.

TARIQ HAKIM

VS

THE STATE AND 2 OTHERS

Law: Anti Terrorism Act, 1997

Section: 6,7,8,23

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 302/324/34

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6, 7 & 8---Determination as to whether an offence falls within the ambit of S.6, Anti-Terrorism Act, 1997---Guide lines---Motive and object both make a path for guideance in order to determine whether the offence falls within the domain ofAnti-Terrorism Act or not---Section 6 of the Anti-Terrorism Act, 1997 reflects two words, namely, "designed to" and "action" and from the interpretation of both these words one can draw an inference that whether the offence falls within the ambit of terrorism or not---Intention of the Legislature is very much clear from the words "designed to" and "action" and both the words have great impact on each other in order to constitute an action as act of terrorism---From the meaning of simple word "action" it is very different to deduct that the action of a person was an act ofterrorism without the word "designed to" which means object behind the action---If the brutality of the act of a person is declared terrorism, then every murder case will fall within the definition of terrorism, as seen from any angle the murder is always committed in a brutal manner---Definition of terrorism, thus, is incomplete without the words, "designed to" which means the object, motive or purpose behind the act and not the consequential effect created by such act. Bashir Ahmad v. Muhammad Siddique and others PLD 2009 SC 11 rel. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S.6--- 'Terrorism'--- Words "designed to"---Connotation---Words "designed to" used in S. 6 of the Anti-Terrorism Act, 1997, means the object, motive or purpose behind the act and not the consequential effect created by such act. (c) Penal Code (XLV of 1860)--- ----Ss. 302/324/34---Anti-Terrorism Act (XXVII of 1997), Ss.6, 7 & 23---Constitution of Pakistan, Art. 199---Qatl-e-amd, attempt to commit qatl-e-amd and act of terrorism---Constitutional petition---Anti-Terrorism Court had dismissed the application of the accused petitioner moved under S.23 of the Anti-Terrorism Act, 1997 for transfer of the case to the court of ordinary jurisdiction---Validity---Complainant had stated in the F.I.R. that the assailants after identifying…
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