Case Details

Citation(s)
2001 SLG 1374 2001 SLD 1374 2001 PLD 521
Supreme Court of Pakistan
Civil Appeal No. 1428 of 1999, decided on 25th January, 2001., (On appeal from the order dated 1031999 of the Lahore High Court, Lahore, passed in W.P, No.2898 of 1999).
MUHAMMAD BASHIR, JEHANGIRI, NAZIM HUSSAIN SIDDIQUI AND RANA BHAGWAN DAS, JJ

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Ch. BASHIR AHMAD

VS

NAVEED IQBAL and 7 others

Law:

Section:

(a) Anti-Terrorism Act (XXV11 of 1997)---Ss. 6 & 7---Constitution of Pakistan (1973), Art.185(3)---Terrorist act/act of terrorism---Leave to appeal was granted by Supreme Court to consider, whether allegations made in the F.I.R constituted "terrorist" as defined by S.6 of Anti-Terrorism Act, 1997; whether offence allegedly committed by the accused would be punishable under S.7 of Anti-Terrorism Act. 1997. or under S.302, P.P.C.; whether offences, with which the accused were charged were scheduled offences so as to be tried by Anti­Terrorism Court and what would be the effect of law enunciated by Supreme Court in Mehram Ali v. Federation of Pakistan and others PLD 1998 SC 1445. over the points arising in the case. Mehram Ali v. Federation of Pakistan and others PLD 1998 SC 1445 ref.. (b) Anti-Terrorism Act (XXVH of 1997)-----Ss. 6, 7 & 8---Penal Code (XLV of 1860), S.302---Act of terrorism/terrorist act---Death by sprinkling of spirit---Occurrence took place within boundary walls of house of victim---Case was transferred by Anti-­Terrorism Court to the Court of ordinary jurisdiction---High Court refused to interfere with the order of transfer---Validity---Alleged sprinkling of the spirit on the person -of the victim was within the boundary walls of the complainant's house---Where the offence committed was not in public, the element of a striking terror or creating sense of fear and insecurity in the people, o: any section of the people was not made discernible in the F.I.R and for that matter on the record of the case as a whole---Offences mentioned in the Schedule should have nexus with the object of. the Act and the offences covered by sections 6, 7 and 8 thereof---Heinousness of offence did mean that the same qualified to be a terrorist act within the contemplation of S.6, Anti-Terrorism Act, 1997, or Schedule to the Act. Mehram Ali v. Federation of Pakistan and others PLD 1998 SC 1445 ref. (c) Anti-Terrorism Act (XXVII of 1997)-------S. 6 & Sched.--=Act of terrorism/terrorist act---Scope---For the attraction of the provisions of S.6 and the Schedule to Anti-Terrorism Act, 1997, the element of striking terror or creation of sense of fear and…
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