| Case ID |
2aefca52-5944-4745-b934-b603ddfbbdbb |
| Body |
View case body. Login to View |
| Case Number |
Special Anti-Terrorism Appeals Nos. 47, 48, 52, 53 |
| Decision Date |
Oct 21, 2003 |
| Hearing Date |
|
| Decision |
The appeals and confirmation reference were disposed of by common judgment. The court upheld the convictions of Abdul Qayyum and Abdul Waheed for the offence under section 396/34 of the Penal Code, sentencing them to death. The acquittal of Ali Sher was maintained due to insufficient evidence linking him to the crime. The convictions under the West Pakistan Arms Ordinance were set aside due to jurisdictional issues. The court emphasized the reliability of eyewitness testimonies and judicial confessions despite challenges regarding procedural irregularities, confirming the Anti-Terrorism Court's jurisdiction over scheduled offences. |
| Summary |
This case revolves around serious charges of dacoity with murder, linked to the Anti-Terrorism Act, which highlights the complexities of legal procedures when dealing with terrorism-related offences. The Sindh High Court's decision reinforces the importance of reliable eyewitness accounts and the role of judicial confessions in securing convictions. Notably, the case addresses the jurisdiction of anti-terrorism courts and the implications of failing to adhere to procedural norms. The court maintained the death sentences for two accused while acquitting another, underscoring the rigorous standards of evidence required in capital cases. The judicial discourse in this case serves as a vital reference for future cases involving similar charges and the application of anti-terrorism laws. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Sarmad,
Jalal Osmany,
Wahid Bux Brohi
|
| Lawyers |
A.Q. Halepota,
Shaukat Hayat,
M.R. Syed,
Habib Ahmed,
Mir Nawaz Khan Marwat
|
| Petitioners |
Abdul Qayyum,
Ali Sher,
Abdul Waheed
|
| Respondents |
The State
|
| Citations |
2004 SLD 2735,
2004 PLD 232
|
| Other Citations |
Bashir Ahmed v. State PLD 2002 SC 775,
Asghar Ali v. State 1992 SCMR 2088,
State v. Farman Hussian, P L D 1995 SC 1,
Muneer Ahmed v. State 1998 SCMR 752,
Jaspal Singh v. State of Punjab AIR 1997 SC 332,
Abdul Ghafoor v. State 2000 SCMR 919,
Dosa v. State 2002 SCMR 1578,
Mir Hassan v. State 1999 SCMR 1418,
Sohni v. Bahaduri PLD 1965 SC 111,
Sharafat Ali v. State 1999 SCMR 329,
Mehmood Ahmad v. State 1995 SCMR 127,
Solat Ali Khan v. State 2002 SCMR 820,
Mehram Ali v. Federation of Pakistan PLD 1998 SC 1445,
State v. Bashir PLD 1997 SC 408,
Naseem Akhtar v. State 1999 SCMR 1744,
KHAN Muhammad v. State 1999 SCMR 1818,
Muhammad Ismail v. State 1995 SCMR 1615,
Geedo v. State 1986 PCr.LJ 2192,
Ghulam Sikandar's case PLD 1985 SC 11,
Faqir Ullah v. Khalil-uz-Zaman 1999 SCMR 2203
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti-Terrorism Act (XXVII of 1997),
West Pakistan Arms Ordinance (XX of 1965),
Criminal Procedure Code (V of 1898)
|
| Sections |
396/34,
6(d),
12,
13(d),
537
|