Case Details

Citation(s)
2026 SLD 3056
Peshawar High Court
W.P. No. 672-A/2026
Presented By: (AURANGZEB) JUDGE
Present: Mr. Waji-ur-Rehman Swati, Advocate for the petitioner. Sardar Basharat, learned Additional Advocate General for the state. Mr. Atif Ali Khan Jadoon, Advocate for the respondent. Date of hearing: 19.05.2026

Waheed Ahmed son of Saeed Ahmed.

VS

The state and others. (Petitioner/s) (Respondent/s)

Law: Anti-Terrorism Act, 1997

Section: 6, 7, 12, 13, 23

Law: Pakistan Penal Code (PPC),1860

Section: 365-A

Law: Constitution of Pakistan 1973

Section: 199

Tagline

Jurisdiction of Anti-Terrorism Courts over scheduled heinous offences (Section 365-A PPC) irrespective of the absence of "terrorist design" under Section 6 of the Anti-Terrorism Act, 1997.

Summary

This judgment addresses the jurisdictional scope of the Anti-Terrorism Court (ATC) regarding cases involving kidnapping for ransom under Section 365-A of the Pakistan Penal Code (PPC). The petitioners challenged an order from the ATC Abbottabad, which refused to transfer their case to an ordinary criminal court. They argued that because the prosecution failed to attribute any specific "design," "purpose," or "intent" to coerce the government or create public fear as defined in Section 6 of the Anti-Terrorism Act (ATA) 1997, the ATC lacked jurisdiction to proceed.

The High Court dismissed the petitions, clarifying that the ATC's jurisdiction is twofold and derives from separate legal bases:

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