Legal Case Summary

Case Details
Case ID 466a2ff2-6a71-40a3-8b59-00b1cd5e8760
Body View case body.
Case Number Criminal Appeal No. 43 of 2002
Decision Date Apr 30, 2003
Hearing Date Apr 22, 2003
Decision The appeal was accepted, and the conviction and sentences of the appellants were set aside. The case was remanded to the Sessions Judge for a de novo trial. The court found that the Anti-Terrorism Court had no jurisdiction to try the appellants under the Anti-Terrorism Act, as the acts committed did not fall under the definitions of terrorism as laid out in the relevant legislation.
Summary In this case, the Peshawar High Court dealt with a criminal appeal concerning the conviction of the appellants under the Anti-Terrorism Act. The appellants were accused of robbery involving armed trespass into the complainant's home, where they allegedly threatened and restrained the complainant and her children while stealing various valuables. The court examined the definitions of robbery and terrorism under the Pakistan Penal Code and the Anti-Terrorism Act. It was determined that the acts did not meet the criteria for terrorism as defined in the law, leading to the conclusion that the Anti-Terrorism Court lacked jurisdiction in this matter. The case emphasizes the importance of correctly categorizing criminal acts and highlights the legal distinctions between robbery and acts of terrorism, ultimately resulting in the remand of the case for a new trial in the ordinary jurisdiction.
Court Peshawar High Court
Entities Involved THE STATE, Muhammad Hanif, Mst. Abida Sherazi, Hamidullah
Judges FAZLUR REHMAN KHAN, J
Lawyers Gohar Zaman Khan Kundi, Shaukat Hayat Khan Khakwani, Hamidullah Khattak
Petitioners another, MUHAMMAD HANIF
Respondents another, THE STATE
Citations 2003 SLD 3292, 2003 PLD 164
Other Citations PLD 2003 SC 224
Laws Involved Pakistan Penal Code, 1860, Anti Terrorism Act, 1997
Sections 378, 486, 452, 342, 411, 34, 6, 7(c), 6(2)(c), 6(1)(b)(c)