Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 123-A, 153, 505, 34

Law: Anti-Terrorism Act, 1997

Section: 6, 7

(a) Criminal Procedure Code (V of 1898) S. 497(2)---Penal Code (XLV of 1860), Ss. 123-A, 153, 505 & 34---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Condemnation of creation of State and advocacy of abolition of its sovereignty, criminal intimidation with intentional insult to provoke breach of peace, statements conducing to public mischief, common intention, act of terrorism---Bail, grant of---Further inquiry---Allegation against the accused-petitioners were that they were protesting against the State---Admittedly the accused petitioners AH and WH were not nominated in the FIR and in the police file no specific role of speech or derogatory words was attributed to them---Investigating Officer produced the images of CCTV camera and video clip captured and recorded on the day of occurrence and sent it to the forensic examination for testing, which was seen in the Court---The Court could not find the presence of said accused-petitioner either in the photos or video clip---As far as the case of the accused petitioner MN was concerned, perusal of police file showed that there was contradiction between the contents of FIR, video clip produced by the Investigating Officer and statement under 21-H of Anti-Terrorism Act, 1997 of the accused/petitioner---Perusal of statement recorded under 21-H Anti-Terrorism Act, 1997 which was identical to a confessional statement recorded under S.164 of Cr.P.C and was admissible in evidence should that no offence against the petitioner MN was prima facie made out---According to the contents of FIR the accused MN was present along with other accused nominated in the FIR, but in his statement under 21-H of Anti-Terrorism Act before the police, he had stated that he was present in the office of High Court Bar Association on the day of alleged occurrence---When the Addl. A.G. was confronted with the statement of accused MN recorded under S.21-H Anti-Terrorism Act and inquired to explain, whether on the basis of this confessional statement any offence against the petitioner MN was made out, he categorically replied in negative---In such situation, the question arose as to whether the allegations as set forth in prosecution…