| Case ID |
466a2ff2-6a71-40a3-8b59-00b1cd5e8760 |
| Body |
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| 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)
|