Act/Law wise: Judgment of Supreme Court of Pakistan
Anti-Terrorism Act, 1997 |
Section/Order/ Article/Rule/ Regulation |
Head Note |
Parties Name |
Reference/Citation |
Section-6(1) (b) or (c)
|
The Anti-Terrorism Act, 1997
Section-6(1) (b) or (c) r/w
PPC
Section-302/34
Mens rea–
A private offence committed in the privacy of a home with no design or
purpose contemplated by section 6(1)(b) or (c) of the Anti-Terrorism Act,
1997. We have, thus, entertained no manner of doubt that the allegations
leveled against the appellant and his co-accused in the present criminal
case did not attract the jurisdiction of an Anti-Terrorism Court, the
learned Sessions Judge, Mastung was not justified in transferring the case
to an Anti-Terrorism Court and the High Court was also not legally correct
in dismissing the appellant’s revision petition. This appeal is,
therefore, allowed, the impugned orders passed by the learned Sessions
Judge, Mastung as well as the High Court of Balochistan, Quetta are set
aside and it is declared that the appellant’s case is to be tried by a
court of ordinary jurisdiction. .....Khuda-e-Noor =VS= The State
(Criminal), 2016-[1 LM (SC) 650] ....View Full Judgment
|
Khuda-e-Noor =VS= The State |
1 LM (SC) 650 |
Section 7(a)
|
The Anti-Terrorism Act, 1997
Section 7(a) r/w
The Code of Criminal Procedure
Section 367 (2) & (3)
Compromise–
Both the impugned judgments of the learned Courts below are set aside and
the case is sent back to the learned Trial Court, who, after verifying the
genuineness of the compromise to its satisfaction shall accept the same and
acquit the appellants on the basis thereon. .....Irfan =VS= Muhammad
Yousaf, (Criminal), 2017 (2)– [3 LM (SC) 114] ....View Full Judgment
|
Irfan =VS= Muhammad Yousaf |
3 LM (SC) 114 |
Section 7(a)
|
The Anti-Terrorism Act, 1997
Section 7(a) r/w
The Code of Criminal Procedure
Section 382-B r/w
The Pakistan Penal Code
Section 302(b)
The benefit under section 382-B, Cr.P.C shall be extended to the
appellant–
appeal is dismissed to the extent of the appellant’s conviction for the
offence under section 7(a) of the Anti-Terrorism Act, 1997, his sentence
passed for the said offence is reduced from death to imprisonment for life
and his conviction and sentence for the offence under section 302(b), PPC
are set aside. The order passed by the trial court in respect of payment of
fine by the appellant as well as the order passed in respect of
imprisonment in default of payment of fine are, however, maintained. The
benefit under section 382-B, Cr.P.C. shall be extended to the appellant.
.....Dr. Irfan Iqbal =VS= The State, (Criminal), 2017 (2)– [3 LM (SC)
111] ....View Full Judgment
|
Dr. Irfan Iqbal =VS= The State |
3 LM (SC) 111 |