Law: Anti-Terrorism Act, 1997

Section: 23, 7

Law: Penal Code (XLV of 1860)

Section: 302(b), 34

Anti-Terrorism Act (XXVII of 1997) Ss. 23 & 7---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intention, act of terrorism---Application for transfer of case from Anti-Terrorism Court to the Ordinary Court was allowed---Validity---Complainant lodged FIR alleging that accused persons committed murder of his son/Head Constable---Prima facie, the investigation demonstrated that the accused and his associates had threatened and attacked the deceased because as a Police Officer he resisted their unlawful Manpuri/Gutka business and facilitated their arrest---Thus, it could not be ruled out at this stage that the design or object of the act was not personal revenge simpliciter, but the silencing of a law enforcement officer and the intimidation of the police force and local community---Fact that the deceased was not on duty or in uniform at the time of attack was not sufficient to dislodge the stated test of 'terrorism'---Thus, it was premature of the Trial Court to opine that the case did not constitute terrorism---Revision application was accordingly allowed by setting aside impugned order with the direction that the case shall remain on the file of the Anti-Terrorism Court until there was evidence to rule out terrorism.  Ghulam Hussain and others v. The State PLD 2020 SC 61 rel.            Date of hearing: 21st July, 2025.                                                                                                          Judgment        Tasneem Sultana, J.---The instant Criminal Revision Application has been filed to challenge the validity and legality of the Order dated 25.01.2024 passed by the learned Judge of Anti-Terrorism Court No. XIX, Karachi Division in Special Case No. 32 of 2023, arising out of FIR No. 229 of 2023 for the offence under Sections 302 and 34 Pakistan Penal Code,…