| Case ID |
39194441-763c-469a-9185-eee09036cbb8 |
| Body |
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| Case Number |
Civil Petition No. 1552 of 1999 |
| Decision Date |
Mar 04, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the High Court, which had dismissed the constitutional petition filed by the petitioner against the transfer order of the case to the Anti-Terrorism Court. The court reasoned that the act in question, involving the murder of an Army Officer by a trusted individual in connivance with his wife, was likely to create a sense of terror and insecurity among Army personnel, thereby falling under the provisions of the Anti-Terrorism Act. The Supreme Court found no legal infirmity in the High Court's reasoning, and thus refused to grant leave to appeal. |
| Summary |
This case revolves around the application of the Anti-Terrorism Act in a murder case involving a serving Army Officer. The petitioner, Mst. Raheela Nasreen, was accused of orchestrating her husband's murder with the help of his trusted Batman. The High Court's decision to transfer the case to the Anti-Terrorism Court was challenged but upheld by the Supreme Court, which emphasized that the nature of the crime was such that it could create a sense of insecurity among Army Officers, thus meeting the criteria set forth in Section 6(b) of the Anti-Terrorism Act. This ruling highlights the court's interpretation of what constitutes 'terror' and the necessity of maintaining security within the armed forces. The case is significant in understanding the legal framework surrounding terrorism-related offenses in Pakistan, particularly in relation to the military. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
RANA BHAGWAN DAS
|
| Lawyers |
Sardar M. Ishaq Khan,
Ejaz Muhammad Khan,
M. Zaman Bhatti
|
| Petitioners |
Mst. RAHEELA NASREEN
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 1275,
2002 SCMR 908
|
| Other Citations |
Mehram Ali and others v. Federation of Pakistan and others P L D 1998 SC 1445
|
| Laws Involved |
Anti-Terrorism Act, 1997,
Penal Code, 1860,
Constitution of Pakistan, 1973
|
| Sections |
6(b),
302,
201,
34,
199,
185(3)
|