Case ID |
2c5922a0-6cd9-4259-a246-f449da29ff42 |
Body |
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Case Number |
Criminal Petition No. 1117-L of 2021 |
Decision Date |
Feb 03, 2022 |
Hearing Date |
Feb 03, 2022 |
Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the decision of the Lahore High Court. The court found that the petitioner was lawfully placed in the Fourth Schedule of the Anti-Terrorism Act by the Provincial Home Secretary, which was within the legal framework established by the Federal Government's delegation of powers. The court also confirmed that the violation of the bond constituted a substantive offense under the Act, leading to the petitioner's rightful prosecution and conviction for absconding. The evidence presented by the prosecution was deemed sufficient to establish guilt beyond a reasonable doubt, resulting in the confirmation of the earlier convictions and sentences. |
Summary |
In the case of Muhammad Irshad vs. State, the Supreme Court of Pakistan addressed critical issues surrounding the Anti-Terrorism Act, 1997, specifically focusing on the placement of individuals in the Fourth Schedule. The petitioner, Muhammad Irshad, challenged his placement and subsequent conviction under sections 11EE and 21-L of the Act. The court clarified that the Provincial Government had the authority to place names in the Fourth Schedule based on a delegation of powers from the Federal Government. The court emphasized the importance of adhering to legal mandates and the consequences of violating bond conditions. This case highlights the legal framework governing anti-terrorism measures in Pakistan, reflecting ongoing concerns about terrorism and public safety. The rulings underscore the judiciary's commitment to upholding the law while ensuring that procedural rights are respected. The decision not only serves as a precedent for similar cases but also reinforces the interpretation of the Anti-Terrorism Act, ensuring that individuals are held accountable for their actions in accordance with the law. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
SYED MANSOOR ALI SHAH,
QAZI MUHAMMAD AMIN AHMED
|
Lawyers |
Shahid Tabassum,
Ahmed Raza Gillani
|
Petitioners |
Muhammad Irshad
|
Respondents |
STATE THROUGH P.G. PUNJAB AND OTHERS
|
Citations |
2022 SLD 963,
2022 SCMR 1185
|
Other Citations |
Not available
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Laws Involved |
Anti Terrorism Act, 1997
|
Sections |
11EE,
21-L,
33,
Fourth Schedule
|