| Case ID |
2b041a37-92a1-45ad-8088-051921a09d80 |
| Body |
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| Case Number |
Writ Petition No.13553 of 2008 |
| Decision Date |
Oct 30, 2008 |
| Hearing Date |
Oct 30, 2008 |
| Decision |
The constitutional petition filed by Shaukat Ali was accepted, leading to the transfer of the case from the Anti-Terrorism Court to the Sessions Court. The court found that the incident was a result of personal vendetta rather than terrorism, emphasizing that the actions of the accused did not create a sense of fear or insecurity in the community. The court ruled that the Anti-Terrorism Act was not applicable in this case, as the murder occurred in a private setting without public disturbance. |
| Summary |
This case revolves around the constitutional petition of Shaukat Ali, who challenged the dismissal of his application for transferring a murder case from the Anti-Terrorism Court to an ordinary court. The case involved the murder of three individuals due to personal enmity, which the petitioner argued did not meet the criteria of terrorism as defined under the Anti-Terrorism Act. The Lahore High Court ultimately agreed, ruling that the incident was a private act of revenge rather than a public act of terror. This decision underscores the need to distinguish between personal vendettas and acts of terrorism in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Mian Muhammad Najam-uz-Zaman,
Khurshid Anwar Bhinder
|
| Lawyers |
Muhammad Waseem,
Azam Nazeer Tarar,
Waqar Hussain Mir,
Muhammad Akbar Tarar
|
| Petitioners |
SHAUKAT ALI
|
| Respondents |
2 others,
SPECIAL JUDGE, ANTI-TERRORISM COURT NO.IV, LAHORE
|
| Citations |
2009 SLD 3522,
2009 PCRLJ 1299
|
| Other Citations |
Mst. Najam-un-Nisa v. Judge, Special Court constituted under Anti-Terrorism Act, 1997 2003 SCMR 1323
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti Terrorism Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
302,
109,
148,
149,
7,
23,
199
|