| Case ID |
00e04a97-fe5e-48a9-9735-e8b702adc067 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.2012-L of 19 |
| Decision Date |
Dec 26, 2000 |
| Hearing Date |
Apr 26, 2000 |
| Decision |
The Supreme Court granted leave to appeal and stayed the trial of the case to examine whether the Anti-Terrorist Court had jurisdiction based on the conditions laid down in Schedule, Item (2) of the Anti-Terrorism Act, 1997. The definition of 'victim' as used in the Act was also to be reviewed. The petitioner had previously filed a writ petition in the High Court challenging the jurisdiction of the Anti-Terrorist Court, which was dismissed. The decision emphasized the need for clarity on the jurisdiction of Special Courts in dealing with cases under the Anti-Terrorism Act. |
| Summary |
This case revolves around the jurisdiction of the Anti-Terrorist Court under the Anti-Terrorism Act of 1997. The Supreme Court of Pakistan was approached by the petitioners, who were accused in a serious criminal case, to contest the jurisdiction of the Anti-Terrorist Court. The petitioners argued that the conditions necessary for the Anti-Terrorist Court to assume jurisdiction were not met, and thus their trial should be transferred to an ordinary criminal court. The case highlights critical legal issues such as the definition of 'victim' and the procedural requirements for the Anti-Terrorist Court's jurisdiction. The court's decision to grant leave to appeal and stay the trial reflects its commitment to ensuring that legal standards are upheld and that the rights of the accused are protected. This case is significant in shaping the legal landscape regarding anti-terrorism laws and their application in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RASHID AZIZ KHAN,
IFTIKHAR MUHAMMAD CHAUDHARY
|
| Lawyers |
M.A. Zafar, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record,
M. Nasim Sabir, Additional Advocate-General
|
| Petitioners |
3 others,
MUHAMMAD ARSHAD
|
| Respondents |
2 others,
SPECIAL JUDGE, ANTITERRORIST COURT N0.2, BAHAWALPUR
|
| Citations |
2000 SLD 1026,
2000 SCMR 1597,
2000 SLD 1439
|
| Other Citations |
Allah Din and 18 others v. The State and another 1994 SCMR 717
|
| Laws Involved |
Anti-Terrorism Act (XVII of 1997),
Constitution of Pakistan (1973)
|
| Sections |
2(e),
Schedule, Item (2),
185(3)
|