| Citation(s) |
|---|
| 2010 SLG 2674 2010 SLD 2674 2010 PLD 52 |
Quetta High Court
Constitutional Petition No. 46 of 2009, decided on 23rd December, 2009. DATE of hearing: 3rd December, 2009
QAZI FAEZ ISA C.J. AND SYEDA TAHIRA SAFDAR, J
Muhammad Qahir Shah for Petitioner. Nasarullah Khan Achakzai Addl. A.G. for
Respondents. Imran ul Haq Khan for
Respondents 3 to 7
Constitutional Petition No. 46 of 2009, decided on 23rd December, 2009. DATE of hearing: 3rd December, 2009
QAZI FAEZ ISA C.J. AND SYEDA TAHIRA SAFDAR, J
Muhammad Qahir Shah for Petitioner. Nasarullah Khan Achakzai Addl. A.G. for
Respondents. Imran ul Haq Khan for
Respondents 3 to 7
SOORAT KHAN
VS
ANTITERRORISM COURT, SIBI and 7 others
Law:
Section:
(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6---Terrorism---Meaning---"Terrorism" means the use or threat of "action" where the "action" falls within the meaning of sub-section (2) of S.6 of the Anti-Terrorism Act, 1997, and creates a serious risk to safety of the public or a section of the public, or is designed to frighten the general public and thereby prevents them from coming out and carrying on their lawful trade and daily business, and disrupts civil life. Mirza Shaukat Baig v. Shahid Jamil PLD 2005 SC 530 ref. (b) Interpretation of statutes--- ----Court cannot pick and choose one or two sentences or a few words for academic purpose and scholarly interpretation by ignoring the objects and reasons for the promulgation of the Act and its preamble. Mirza Shaukat Baig v. Shahid Jamil PLD 2005 SC 530 ref. (c) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6 & 32---Explosive Substances Act (XI of 1908), Ss.3/4/5---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Jurisdiction---Complainant had no enmity with any person, nor had he nominated any individual in the promptly lodged F.I.R.---Explosive device was allegedly used in order to force the employees of Chamalung Security Force constituted by the Government, to give up their employment and dissuade others from joining the said Force---Son of the complainant had allegedly been killed in the incident by stepping on a mine---Case thus fell within the definition of "terrorism" as contained in S.6 of the Anti-Terrorism Act, 1997, and was triable by the Special Judge, Anti-Terrorism Court---Criminal Procedure Code, 1898, being not applicable to Anti-Terrorism Act, 1997, by virtue of S.32 thereof, reference of Trial Court to Schedule II of the Criminal Procedure Code, 1898, in the impugned order, was misplaced---Order of the Trial Court having the powers of Anti-Terrorism Court directing the transfer of the case to the ordinary Court of competent jurisdiction was, consequently, set aside with direction to Trial Court to proceed with the trial itself in accordance with law---Constitutional petition was accepted accordingly. Muhammad Mushtaq v. Muhammad Ashiq PLD 2002 SC 841; Bashir Ahmed…
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