| Case ID |
2340a432-7cf0-4a46-ae26-042ddead0b39 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos. 616 and 1078 of 2007 |
| Decision Date |
Oct 24, 2007 |
| Hearing Date |
Oct 24, 2007 |
| Decision |
The Lahore High Court allowed the constitutional petitions challenging the order dated 10-1-2007 passed by the Anti-Terrorism Court, Faisalabad. The court observed that the Special Judge had erroneously directed the investigating agency to submit a challan under section 365-A of the Pakistan Penal Code, despite the investigation indicating that only section 365 was applicable. The court stressed that the Anti-Terrorism Court could take cognizance only of cases explicitly triable by it, and the procedure mandated by the Criminal Procedure Code must be followed. Consequently, the court set aside the impugned order and directed the investigating agency to submit a report before the Court of ordinary jurisdiction, which would then assess the case based on the established facts. |
| Summary |
This case revolves around the interpretation and application of the Anti-Terrorism Act, 1997, particularly section 19(3), which allows the Anti-Terrorism Court to take cognizance of cases directly without prior referral from a Magistrate. The Lahore High Court addressed crucial procedural aspects in the context of the Pakistan Penal Code, 1860, focusing on sections 365 and 365-A, which pertain to kidnapping and abduction. The High Court emphasized the importance of following the proper legal protocols during investigations and prosecutions, particularly in cases involving serious offenses like terrorism. The judgment highlights the balance between expediency in handling terrorism-related cases and adherence to established legal frameworks, ensuring that the rights of the accused are preserved while maintaining public safety. The court's ruling serves as a significant precedent for future cases involving the Anti-Terrorism Act, reinforcing the necessity for due process and judicial oversight in the prosecution of alleged terrorist activities. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MIAN MUHAMMAD NAJAM-UZ-ZAMAN,
IJAZ AHMAD CHAUDHRY
|
| Lawyers |
Dost Muhammad Kahut,
Ijaz Anwar,
Sarfraz Ali Khan,
Faiz-ul-Hassan
|
| Petitioners |
,
MUHAMMAD AZAM
|
| Respondents |
6 others,
JUDGE, ANTITERRORISM COURT, FAISALABAD
|
| Citations |
2008 SLD 593 = 2008 PLD 63
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Anti Terrorism Act, 1997
|
| Sections |
365A,
365,
190,
173,
12,
19(3)
|