| Case ID |
1efabee9-c8bf-499c-948f-9077e308c36e |
| Body |
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| Case Number |
Special Criminal A.T. Appeal No. 196 |
| Decision Date |
Dec 23, 2021 |
| Hearing Date |
Dec 01, 2021 |
| Decision |
The Sindh High Court decided to hear and decide the appeals related to the convictions and sentences awarded by the Anti-Terrorism Court. The court concluded that the Anti-Terrorism Court had no jurisdiction to try the case as the offences did not fall within the definition of terrorism under the Anti-Terrorism Act. The appeal was allowed, and the matter was remanded back to the Anti-Terrorism Court for further proceedings in accordance with the law. The decision highlighted the importance of ensuring that trials are conducted in courts with proper jurisdiction to uphold the principles of justice and fair trial as enshrined in Article 10-A of the Constitution. |
| Summary |
This case involves the appeals filed by Tariq Khan and others against the decision of the Anti-Terrorism Court which convicted them under various sections of the Penal Code and the Anti-Terrorism Act. The case revolves around serious allegations of murder and attempted murder linked to organized criminal activities. The High Court emphasized the necessity of determining jurisdiction before proceeding with trials, which is crucial for maintaining judicial integrity. The ruling reinforces the principle that cases not qualifying as terrorism under the Anti-Terrorism Act should be tried in ordinary courts, ensuring that defendants receive a fair trial in accordance with the law. This case serves as a significant precedent in the interpretation of jurisdictional limits of Anti-Terrorism Courts in Pakistan, stressing the importance of adhering to constitutional provisions for fair trial rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMED KARIM KHAN AGHA, JUSTICE,
ARSHAD HUSSAIN KHAN, JUSTICE
|
| Lawyers |
Aamir Mansoob Qureshi,
Iftikhar Ahmed Shah,
Amir Saeed Channa,
Miss. Murik Nizam Shaikh,
Muhammad Jibran Nasir
|
| Petitioners |
TARIQ KHAN AND OTHERS
|
| Respondents |
THE STATE
|
| Citations |
2022 SLD 678,
2022 PCRLJ 558
|
| Other Citations |
Gul Muhammad v. The State and another 2002 PCr.LJ 1374,
Farooq Ahmed v. The State and another 2020 SCMR 78,
Amjad Ali and others v. The State PLD 2017 SC 661,
Muhammad Bilal v. The State and others 2019 SCMR 1362,
Ghulam Hussain and others v. The State and others PLD 2020 SC 61,
The State v. Muhammad Arif and 3 others PLD 2012 Sindh 119,
Muhammad Bilal alias Sulleman v. Federation of Pakistan through the Secretary Ministry of Law, Justice and Human Rights Division and 3 others 2011 PCr.LJ 411,
Muhammad Sharif v. Judge, Anti-Terrorism Court and 5 others 2012 YLR 2448,
Ali Gohar and others v. Pervaiz Ahmed and others PLD 2020 SC 427,
Ali Nawaz and 5 others v. The State and 2 others 2021 PCr.LJ 909,
Murad Ali Bagalani and 5 others v. The State 2019 PCr.LJ 95,
Shahbaz Khan alias Tippu and others v. Special Judge Anti-Terrorism Court No.3, Lahore and others PLD 2016 SC 1,
Nadeem Butt v. Special Courts Constituted under Anti-Terrorism Act, 1997 (Presided by Sardar Mashkoor Ahmed), Camp At Dharampura, Lahore 2000 SCMR 1086,
Ijaz Ahmad v. The State 2009 SCMR 99,
Syed Mushahid Shah v. Federal Investigation Agency 2017 SCMR 1218,
Waris Ali v. The State 2017 SCMR 1572,
Tahir Mehmood alias Achoo v. The State 2018 SCMR 169,
Shah Nawaz v. The State 2020 MLD 466,
Safarish Ali v. The State 2020 MLD 474,
Munawar Hussain v. Judge ATC II, Lahore 2017 PCr.LJ 46,
Abdur Rab alias Ali Akber and others v. The State and others 2018 PCr.LJ 1313,
Afaq Shafqat v. The State and 2 others 2018 PCr.LJ Note 22,
Muhammad Umer Mangrio v. The State 2014 MLD 1813,
Muhram Ali and others v. The State and others 2016 PCr.LJ 961,
Sadiqullah and another v. The State and another 2020 SCMR 1422,
Shaikh Muhammed Amjad v. State 2002 PCr.LJ 1317,
Muhammad Yaqoob v. The State PLD 2019 SC 580,
Kashif Ali v. The Judge, Anti-Terrorism Court No.II, Lahore and others PLD 2016 SC 951,
Ch. Shaukat Ali v. Haji Jan Muhammad and others 2017 SCMR 533,
Khuda-e-Noor v. The State PLD 2009 SC 195,
Muhammad Faizan v. The State 2016 PCr.LJ 897
|
| Laws Involved |
Penal Code (XLV of 1860),
Sindh Arms Act, 2013,
Anti Terrorism Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
322,
324,
353,
400,
171,
23(1),
17,
19,
21-M,
23,
10-A
|