| Case ID |
42a5cab1-cacd-4876-821d-964395adaa8d |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 153 of 2018 |
| Decision Date |
Apr 18, 2019 |
| Hearing Date |
Apr 12, 2019 |
| Decision |
The writ petition filed by Rehmat Jan was dismissed as the court found no merit in the arguments presented. The court upheld the previous decision that the Anti-Terrorism Court lacked jurisdiction to insert Sections 6 and 7 of the Anti Terrorism Act, 1997 into the case. The evidence indicated that the murder was a result of a family dispute rather than an act of terrorism. Therefore, the court concluded that the previous ruling to remove the sections was valid, and the petitioner's requests were not sustainable under the law. |
| Summary |
In the case of Writ Petition No. 153 of 2018, the petitioner Rehmat Jan sought to insert Sections 6 and 7 of the Anti Terrorism Act, 1997 into an FIR regarding a murder case that arose from a family dispute. The court, presided over by Justice Ali Baig, reviewed the arguments from both sides. The petitioner’s legal representatives argued that the actions of the accused created fear and terror, warranting the application of the Anti Terrorism Act. However, the respondents contended that the incident stemmed from personal enmity and was not an act of terrorism. The court found that the initial FIR was against unknown persons and later named the accused based on investigation findings. The court ruled that the Anti Terrorism Court had no jurisdiction in this matter, leading to the dismissal of the writ petition. This case highlights the critical distinction between personal disputes and acts of terrorism under Pakistani law, emphasizing the importance of jurisdiction in legal proceedings. |
| Court |
Gilgit-Baltistan Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAIG, JUSTICE
|
| Lawyers |
Shoukat Ali,
Wasal Khan,
Assistant Advocate General,
Jehangzaib Khan
|
| Petitioners |
Rehmat Jan
|
| Respondents |
3 Others,
Wali Ur Rehman
|
| Citations |
2020 SLD 1040,
2020 MLD 437
|
| Other Citations |
Not available
|
| Laws Involved |
Pensions Act, 1871,
Anti Terrorism Act, 1997
|
| Sections |
302/34,
6,
7
|