| Case ID |
5c8c1290-2d73-429c-9a0c-bdb0b36f0ecc |
| Body |
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| Case Number |
Civil Petition No. 2669-L of 2015 |
| Decision Date |
Jan 16, 2017 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the Lahore High Court, which had directed the transfer of the case from the Anti-Terrorism Court to an ordinary court. The court found that the allegations did not meet the threshold for prosecution under the Anti-Terrorism Act, 1997, as there was insufficient evidence linking the accused to the alleged firearms and injuries. The decision emphasized the need for a clear demonstration of intent to terrorize the public, which was absent in this case. The court dismissed the petition for leave to appeal, affirming the High Court's ruling. |
| Summary |
The case revolves around the application of the Anti Terrorism Act, 1997 to a shooting incident that occurred following an election victory procession. The Supreme Court of Pakistan reviewed the case after the Lahore High Court determined that the allegations did not constitute an act of terrorism as defined by the law. The court highlighted that the evidence presented, including witness statements, did not support the claim that the incident was premeditated or aimed at creating public terror. The decision reflects the judiciary's careful consideration of the legal thresholds for terrorism charges, ensuring that such serious accusations are substantiated by compelling evidence. This case is significant in clarifying the boundaries of anti-terrorism laws in Pakistan and their application to ordinary criminal incidents. Keywords such as 'Anti Terrorism Act', 'Supreme Court of Pakistan', and 'jurisdiction transfer' are pertinent in legal discussions regarding terrorism-related cases. The outcome reinforces the principle that not all violent incidents qualify as terrorism, underscoring the judiciary's role in maintaining the integrity of legal definitions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MANZOOR AHMAD MALIK, JUSTICE,
SARDAR TARIQ MASOOD, JUSTICE
|
| Lawyers |
Naveed Inayat Malik, Advocate Supreme Court for Petitioner,
Imtiaz Ahmed Kaifi, Additional A.G. for the State,
Nazeer Hussain, Incharge Investigation, P.S. Factory Area, Lahore for the State,
Aitzaz Ahsan, Senior Advocate Supreme Court for Respondent No. 1
|
| Petitioners |
CH. SHAUKAT ALI
|
| Respondents |
HAJI JAN MUHAMMAD AND OTHERS
|
| Citations |
2017 SLD 1706 = 2017 SCMR 533
|
| Other Citations |
Kashif Ali v. The Judge, Anti-Terrorism Court No. II, Lahore and others PLD 2016 SC 951
|
| Laws Involved |
Anti Terrorism Act, 1997,
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
6,
7,
23,
164,
148,
149,
324
|