| Case ID |
15b45149-46f3-48d3-b8a9-81be7c4ec6d6 |
| Body |
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| Case Number |
Special Criminal Anti-Terrorism Jail Appeals Nos. |
| Decision Date |
Sep 14, 2017 |
| Hearing Date |
Sep 12, 2017 |
| Decision |
The High Court acquitted the appellant, Muhammad Aslam, by extending the benefit of doubt. The court found that the trial court had insufficient evidence to convict for terrorism under the Anti-Terrorism Act, 1997, as the mere act of demanding 'Bhatta' and firing in the air did not fulfill the criteria for terrorism. The court emphasized that if any reasonable doubt exists in a prudent mind regarding the guilt of the accused, the accused is entitled to the benefit of that doubt as a matter of right. The prosecution's evidence was found lacking in several respects, including the sealing of evidence at the scene and inconsistencies in witness testimonies. |
| Summary |
In the case of Special Criminal Anti-Terrorism Jail Appeals Nos. 102 and 103 of 2015, the Sindh High Court examined the conviction of Muhammad Aslam under the Anti-Terrorism Act, 1997. The core issue revolved around the alleged extortion demand, characterized as 'Bhatta', and the associated act of aerial firing. The court ruled that the mere act of demanding money and firing in the air did not constitute terrorism. The trial court's judgment was scrutinized for procedural flaws, including the failure to properly seal evidence and contradictory witness statements. This case highlights critical legal principles surrounding the burden of proof in anti-terrorism cases, emphasizing the necessity for clear evidence of intent and the impact of the accused's actions on public safety. The ruling serves as a significant reference for future cases involving allegations of terrorism related to extortion, reinforcing the importance of due process and the rights of the accused under Pakistani law. |
| Court |
Sindh High Court
|
| Entities Involved |
Anti-Terrorism Court No.VII Karachi,
Police Station Gulshan-e-Maymar
|
| Judges |
Naimatullah Phulpoto,
Justice Khadim Hussain Tunio
|
| Lawyers |
Abbas Hyder Gaad,
Mohammad Iqbal Awan
|
| Petitioners |
Muhammad Aslam
|
| Respondents |
The State
|
| Citations |
2018 SLD 1759,
2018 YLR 1584
|
| Other Citations |
Sagheer Ahmed v. The State and others 2016 SCMR 1754,
Khuda-e-Noor v. The State PLD 2016 SC 195,
Amjad Ali and others v. The State PLD 2017 SC 661,
Tariq Pervez v. The State 1995 SCMR 1345
|
| Laws Involved |
Anti Terrorism Act, 1997,
Penal Code (XLV of 1860)
|
| Sections |
6,
7(h),
384,
386
|