| Case ID |
1929633b-ea6c-4c19-bc10-ebfdc1164fa4 |
| Body |
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| Case Number |
W.P. No. 2932 of 2018 |
| Decision Date |
Dec 03, 2018 |
| Hearing Date |
Oct 18, 2018 |
| Decision |
The Islamabad High Court dismissed the petition on the grounds that the Anti-Terrorism Court had not yet taken cognizance of the case. The court emphasized that the application under Section 23 of the Anti-Terrorism Act was premature, as the investigation was still underway. The judges noted that any observations regarding the applicability of the provisions of the Act at this stage would interfere with the ongoing investigation. The court also referenced previous cases to illustrate that even at the bail stage, cognizance must be taken before a case can be transferred. The final decision was that the impugned order did not suffer from any error of law, thus no further interference was warranted. |
| Summary |
In the case of W.P. No. 2932 of 2018, the Islamabad High Court addressed the application filed under Section 23 of the Anti-Terrorism Act, 1997. The primary issue was whether the Anti-Terrorism Court had taken cognizance of the case regarding the petitioner, who was implicated in a first information report (F.I.R.) involving serious charges under the Pakistan Penal Code and the Anti-Terrorism Act. The court concluded that the application was premature, as the investigation was still ongoing and the court had not taken cognizance. This ruling underscores the importance of judicial procedure in ensuring that cases are not prematurely transferred without proper cognizance being established. The decision highlights the critical balance between the rights of the accused and the ongoing investigative processes. Keywords: Islamabad High Court, Anti-Terrorism Act, cognizance, judicial procedure, Pakistan Penal Code, bail application, legal representation. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Ameer Farooq,
Mohsin Akhter Kayani
|
| Lawyers |
Raja Rizwan Abbasi,
Mr. Sohail Akhtar,
Mr. Qausain Faisal Mufti,
Mr. Sadaqat Ali Jahangir
|
| Petitioners |
Raja Rizwan Abbasi,
Mr. Sohail Akhtar
|
| Respondents |
Mr. Qausain Faisal Mufti,
Mr. Sadaqat Ali Jahangir
|
| Citations |
2019 SLD 2092,
2019 PLJ 126
|
| Other Citations |
2007 YLR 461,
2005 MLD 954,
PLD 2012 SC 892
|
| Laws Involved |
Constitution of Pakistan, 1973,
Anti Terrorism Act, 1997,
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
199,
154,
173,
190,
156,
7,
448,
148,
149,
155,
511,
157,
23,
506(ii),
440,
385,
190(2),
195(1)(c)
|