Law:

Section:

Anti-Terrorism Act (XXVIII of 1997)----S. 6(b)---Penal Code (XLV of 1860), Ss. 302/201 /34---Constitution of Pakistan (1973), Arts. 199 & 185(3)---Constitutional petition before High Court---Petitioner was charged for murder of her husband (a serving Army Officer) with connivance of his Batman ---Challan was submitted before Additional Sessions Judge, from where the same was transferred to Anti-Terrorism Court for trial---High Court dismissed Constitutional petition filed by petitioner against transfer order on the ground that if a Batman being a trusted person employed by an Army Officer murders his master in connivance with master's wife, the incident was likely to strike "terror" leading to feeling of "insecurity" amongst Army Officers within the meaning of S. 6(b) of Anti-Terrorism Act, 1997---Contention of petitioner was that none of the members of Armed Forces made any statement that alleged act had created either feeling of insecurity or was likely to strike terror--­Validity---Such contention was wholly fallacious---For determination of question, whether a particular act fell within the ambit of any of the provisions of Anti-Terrorism Act, 1997, it was not necessary to record evidence of witnesses to establish that said act had, in fact, created terror or feeling of insecurity---Question of applicability of the provisions of the Act had to be decided by applying mind to the facts alleged in F.I.R. and other attending circumstances---According to S.6(b) of the Act, it was not necessary that alleged offence had in fact caused terror, rather its requirement would be adequately satisfied, if the same was likely to strike terror or sense of fear and insecurity in the people ---Reasonings of High Court were based on relevant consideration having logical nexus with the relevant law and did not suffer from any legal infirmity---Supreme Court refused to grant leave to appeal and dismissed the petition in circumstances. Mehram Ali and others v. Federation of Pakistan and others P L D 1998 SC 1445 ref. Anti-Terrorism Act (XXVIII of 1997)----S. 6(b)---Penal Code (XLV of 1860), Ss. 302/201 /34---Constitution of Pakistan (1973), Arts. 199 &…

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