Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)-- ----Preamble---Constitution of Pakistan (1973), Art.199 & Fourth Sched., Concurrent Legislative List, Items 1, 2, 4, 46 & 47---Subject of Legislation clearly falling in the Concurrent Legislative List of Fourth Schedule of the Constitution of Pakistan and there being nothing in the Anti-Terrorism Act, 1997 which was against Islamic Principles of administration of justice, Parliament was competent to legislate the Act---High Court under its Constitutional jurisdiction under Art. 199 of the Constitution could not question wisdom of the Legislature for jurisdiction of High Court was limited only to finding out as to whether any provision of the Constitution of Pakistan had been violated by enacting a law.--[Vires of legislation. The challenge to, the legislative competence of the Parliament to enact Anti-Terrorism Act, 1997 is wholly without basis. The subject clearly falls in the Concurrent Legislative List given in the Fourth Schedule to the Constitution of Islamic Republic of Pakistan, 1973, particularly items Nos. 1, 2, 4, 46 and 47. Terrorism had reached such a stage that it has become threat to the State itself. Consequently, the Parliament could legislate on this subject under item No. l of the Legislative List also. There was ample justification both under the Constitution and the law for creation of Special Courts for trying terrorists. One cannot lose sight of the fact that since the recent past there have been subversive and terrorist activities on a large-scale which have shaken the country as a whole and has created a sense of fear and despondency in the citizens. Had effective measures been taken earlier, the precious lives might not have been lost. While it is true that to be treated in accordance with law and law alone is the right of every citizen. but it is equally true that there is no right in absolute terms without a corresponding obligation. Every person who claims to have a fundamental right must also show that he has performed his obligation towards the State as required by Article 5 of the Constitution of Islamic Republic of Pakistan, 1973. While interpreting a law like, Anti-Terrorism Act,…

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