| Case ID |
322933bc-ccc8-425d-af69-dd1959d0aada |
| Body |
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| Case Number |
Crl. Rev. No. 417 of 2006 |
| Decision Date |
May 31, 2018 |
| Hearing Date |
Apr 18, 2018 |
| Decision |
The High Court found that the revision petition against the dismissal of a private complaint by a special court under the Anti Terrorism Act, 1997 was not maintainable. However, due to the significant loss of life involved and the long-standing nature of the petitioner's quest for remedy since 2006, the court converted the revision petition into a constitutional petition for a decision on merits. The judgment highlighted the legislative intent behind the Anti Terrorism Act, emphasizing the need for special procedures to address heinous offenses promptly and efficiently. |
| Summary |
This case revolves around the maintainability of a revision petition filed against the dismissal of a private complaint under the Anti Terrorism Act, 1997. The Lahore High Court addressed the legislative framework aimed at combating terrorism and ensuring speedy trials. The court scrutinized the provisions of the Anti Terrorism Act and the Criminal Procedure Code, concluding that while the revision was not maintainable, the exceptional circumstances warranted the conversion of the petition into a constitutional one. The decision underscores the balance between legal procedures and the urgency required in cases involving terrorism, reflecting on the broader implications of justice in such sensitive matters. Notably, it emphasizes the importance of judicial scrutiny in the context of the Anti Terrorism Act, particularly concerning the rights of aggrieved parties and the interpretation of statutory provisions. Key phrases such as 'Anti Terrorism Act', 'high court', 'judicial scrutiny', 'constitutional petition', and 'speedy trial' are essential for understanding the case's significance and its impact on future legal interpretations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD KAZIM RAZA SHAMSI,
JUSTICE QAZI MUHAMMAD AMIN AHMED,
JUSTICE CH. MUSHTAQ AHMED,
JUSTICE AZIZ AHMAD
|
| Lawyers |
Malik Muhammad Saleem,
Rana Asif Saeed,
Khawaja Qaiser Butt,
Malik Aamir Manzoor Awan,
Makhdoomzada Syed Najam-ul-Saqib,
Qazi Sadar-ud-Din,
Mr. Muhammad Azhar Khan,
Shan Gull,
Abdul Wadood Khan,
Muhammad Ali Shahab,
Mehr Nazar Abbas Chawan,
Syed Badar Raza Gillani
|
| Petitioners |
SYED IRSHAD HUSSAIN SHAH
|
| Respondents |
|
| Citations |
2018 SLD 1957,
2018 PLJ 524
|
| Other Citations |
Abdul Aziz vs. The State NLR 1981 Crl. 464,
Habib Bank Ltd. v. The State & 6 others 1993 SCMR 1853,
Fazeelat Bibi PLD 2013 SC 361
|
| Laws Involved |
Anti Terrorism Act, 1997,
Criminal Procedure Code (V of 1898)
|
| Sections |
19,
25,
29,
32,
435
|