Case Details

Citation(s)
2005 SLG 1217 2005 SLD 1217 2005 SCMR 802
Supreme Court of Pakistan
Criminal M.A. No.14-K of 2004 and Criminal Petition No.69-K of 2004, decision dated: 7-02-2005
NAZIM HUSSAIN SIDDIQUI, C.J., JAVED IQBAL AND ABDUL HAMEED DOGAR, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

AZIZULLAH and another

VS

. THE STATE and another

Law:

Section:

Penal Code (XLV of 1860)-------S. 365-A---Anti-Terrorism Act (XXVII of 1997), Ss.2(m) & 6(a)---Constitution of Pakistan (1973), Art.185(3)---Refusal of transfer of case from Anti-Terrorism Court to ordinary Court---Validity---Material available with the prosecution, prima facie, showed that the abductees were kidnapped, ransom of Rs.5 lac was paid, further demand of ransom was also made and the accused had made the abductees hostages in their house---Said act had created sense of fear and insecurity in the public and as such the ingredients of Ss.6 & 7 of the Anti-Terrorism Act, 1997, were attracted---Impugned order passed by High Court refusing to transfer the case from Anti-Terrorism Court to ordinary Court did not suffer from any illegality warranting interference by Supreme Court---Leave to appeal was refused to accused accordingly. Muhammad Farooq v. Ibrar and 5 others PLD 2004 SC 917 ref. Azizullah Sheikh, Advocate Supreme Court for Petitioners. Dr. Qazi Khalid Ali, Additional Advocate-General, Sindh for Respondents. Iqtidar Ali Hashmi, Advocate Supreme Court for the Complainant. Date of hearing: 7th February, 2005. JUDGMENT ABDUL HAMEED DOGAR, J.--- Petitioners through this petition seek leave to appeal against the order dated 22-7-2004 passed by a learned Division Bench of High Court of Sindh, Karachi, whereby Criminal Revision No.81 of 2004 filed by them was dismissed. 2. Briefly, stated, facts leading to the filing of instant petition are that on 19-5-2004 Ashraf Shahzad, complainant lodged F.I.R. No.71 of 2004 at Police Station Sher Shah, Karachi West, alleging therein that his brothers-in-laws, namely Azizullah, Raheemullah, Kareemullah, Habibullah, Naeemullah and Hameedullah are resident of Khan Building, Paracha Chowk, Sher Shah, Karachi. They invited his wife and children for recitation of Holy Qur'an in their house, where they were restrained. On 15-5-2004 complainant's brothers, namely, Muhammad Iqbal, Muhammad Pervaiz, Muhammad Yousaf, Muhammad Saleem and Muhammad Naeem along with his daughter Sadaf and two grand-daughters went to the house of the petitioners in Khan Building to negotiate and rescue the detenus but they were also made…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492