| Case ID |
2c924069-eef7-4a86-92e1-ab3c95e9ce9c |
| Body |
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| Case Number |
D-16 of 2020 |
| Decision Date |
Mar 04, 2021 |
| Hearing Date |
Mar 04, 2021 |
| Decision |
The Sindh High Court ruled that the murder of a renowned advocate was motivated by pre-existing enmity, dismissing the application to transfer the case to an Anti-Terrorism Court. The court determined that the case did not meet the criteria for terrorism, as the conflict was personal and not on a mass scale. The impugned order was set aside, directing that the case be treated as a regular sessions case, emphasizing the necessity of examining the evidence before determining the jurisdiction of the trial court. The court reiterated that acts of personal vendetta do not constitute terrorism under the Anti-Terrorism Act. |
| Summary |
The Sindh High Court's decision in Criminal Revision Application No. D-16 of 2020 addresses the complexities of defining terrorism under the Anti-Terrorism Act, 1997. The case arose from the murder of Sahib Khan Kanasro, a practicing advocate, which was linked to prior community enmity. The court found that the murder stemmed from personal vendetta rather than terrorism, emphasizing the need for clear distinctions in legal definitions. The ruling stressed that violence motivated by personal grievances does not fall under the ambit of terrorism, thereby allowing the case to proceed in a regular sessions court. This landmark ruling is significant for legal practitioners and scholars focusing on the intersections of criminal law and community conflicts. Keywords: Anti Terrorism Act, personal vendetta, legal jurisdiction, Sindh High Court, community enmity. |
| Court |
Sindh High Court
|
| Entities Involved |
Sahib Khan Kanasro,
Mir Muhammad Pitafi
|
| Judges |
AFTAB AHMED GORAR,
FAHIM AHMED SIDDIQUI
|
| Lawyers |
|
| Petitioners |
FAIZ MUHAMMAD PITAFI
|
| Respondents |
The STATE
|
| Citations |
2023 PCRLJ 757 = 2023 SLD 1039
|
| Other Citations |
PLD 2020 SC 427,
PLD 2020 SC 61
|
| Laws Involved |
Anti Terrorism Act, 1997
|
| Sections |
23,
6
|