| Case ID |
4422d663-bfad-4851-bf73-fda8e8797210 |
| Body |
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| Case Number |
Criminal Petitions Nos.31-K to 34-K of 2000 |
| Decision Date |
Aug 24, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal against the High Court of Sindh's decision dated August 24, 2000, which set aside the conviction and sentence awarded by the Anti-Terrorism Court No. 1, Karachi in Special Case No. 198 of 1999. The Court considered multiple points of law, including the jurisdiction of the Anti-Terrorism Court, the sustainability of remanding the case to the Sessions Court for a fresh trial, and whether the accused’s actions constituted robbery and murder under the relevant sections of the Penal Code and Anti-Terrorism Act. After thorough consideration of the arguments presented by both the prosecution and defense, the Supreme Court decided to grant leave to appeal, allowing the prosecution to address specific legal questions regarding the constitutionality and procedural aspects of the High Court’s decision. |
| Summary |
In the landmark decision of Criminal Petitions Nos.31-K to 34-K of 2000, the Supreme Court of Pakistan addressed critical issues surrounding the jurisdiction and procedural integrity of the Anti-Terrorism Court No. 1, Karachi. The case, cited as 2001 SLD 1355 and 2001 SCMR 612, involved the State versus Javed Ahmed Siddiqui and others, including Asma Nawab who represented herself. The petitioners challenged the High Court of Sindh's decision to set aside the convictions and sentences imposed by the Anti-Terrorism Court, arguing that the court lacked proper jurisdiction under the Anti-Terrorism Act (XXVII of 1997). The central legal questions revolved around whether the offenses committed by the accused fell within the scope of the Act, specifically sections 392 and 34 of the Penal Code, and section 7(1)(a) of the Anti-Terrorism Act. The Supreme Court meticulously examined precedents such as State through Advocate-General, Sindh.-Karachi v. Farman Hussain and others PLD 1995 SC 1 and Mehram Ali v. Federation of Pakistan PLD 1998 SC 1445 to determine the applicability of these laws in the context of evolving terrorism-related offenses. The decision underscored the necessity for dynamic judicial approaches in addressing heinous crimes that threaten national security and public order. By granting leave to appeal, the Supreme Court emphasized the importance of upholding legal standards while ensuring that justice is administered effectively in cases involving terrorism and related criminal activities. This case highlights the judiciary's role in balancing stringent law enforcement with constitutional mandates, setting a precedent for future cases dealing with similar legal and procedural challenges. The comprehensive analysis and forward-looking judgment serve as a cornerstone for legal interpretations in anti-terrorism jurisprudence, reinforcing the commitment to national security and the rule of law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Anti-Terrorism Court No.1, Karachi,
Sessions Judge, Karachi East,
Javed Ahmed Siddiqui,
Farhan Khan,
Wasim Ahmed,
Asma Nawab,
Nawab Ahmad,
Asif Ahmad,
Ibrar Khatoon
|
| Judges |
DEEDAR HUSSAIN SHAH,
HAMID ALI MIRZA
|
| Lawyers |
Muhammad Sarwar Khan, A.A.G
|
| Petitioners |
THE STATE
|
| Respondents |
others,
JAVED AHMED SIDDIQUI,
Asma Nawab
|
| Citations |
2001 SLD 1355,
2001 SCMR 612
|
| Other Citations |
State through Advocate-General, Sindh.-Karachi v. Farman Hussain and others PLD 1995 SC 1,
Mehram Ali v. Federation of Pakistan PLD 1998 SC 1445
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti-Terrorism Act (XXVII of 1997),
Constitution of Pakistan (1973)
|
| Sections |
392,
34,
7(1)(a),
Art. 185(3)
|