| Case ID |
7394afbf-d8b1-401f-bf9d-27f480f4dc59 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 25874 of 2021 |
| Decision Date |
Oct 12, 2021 |
| Hearing Date |
Oct 12, 2021 |
| Decision |
The Lahore High Court acquitted the appellants on the grounds that the prosecution failed to prove the charges beyond reasonable doubt. It was established that the Trust in question was proscribed only after the ambulances were purchased, and thus the actions taken by the appellants could not be criminalized retrospectively. The court emphasized that the prosecution's evidence did not meet the required legal standards for conviction under the Anti-Terrorism Act. The appeal was allowed, and the conviction and sentence imposed by the trial court were set aside. |
| Summary |
In the case of Criminal Appeal No. 25874 of 2021 heard on October 12, 2021, the Lahore High Court addressed serious allegations under the Anti Terrorism Act against several individuals linked to the Al-Anfaal Trust, which was purportedly a front for the banned organization Lashkar-e-Tayyaba. The court found that the prosecution's evidence, primarily relying on the Trust's proscription post-2019, did not establish a direct link between the accused and criminal activities at the time of the ambulance purchases from 2010-2011. The ruling highlighted the necessity of proving charges beyond a reasonable doubt, reiterating fundamental principles of justice and the requirement for a fair trial as enshrined in the Constitution of Pakistan. The court's decision underscores the importance of evidence in criminal cases, particularly in terrorism-related prosecutions, and serves as a precedent for future cases involving similar allegations. Keywords: Anti-Terrorism Act, Lahore High Court, fair trial, reasonable doubt, criminal appeal. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Saleem Sheikh,
Malik Zafar Iqbal,
5 others
|
| Lawyers |
Naseer-ud-Din Khan Nayyer,
Ch. Muhammad Imran Fazal Gull,
Ali Hassan
|
| Petitioners |
Nasrullah,
Samiullah,
Malik Zafar Iqbal,
Hafiz Abdul Rehman,
Muhammad Yahya Aziz,
Umar Bahadur
|
| Respondents |
The State,
Others
|
| Citations |
2022 SLD 703,
2022 PCRLJ 421
|
| Other Citations |
Calder v. Bull, [1798] 3 Dallas (US) 386,
Mrs. Shahida Faisal v. Federation of Pakistan and 3 others PLD 2000 Lah. 508,
Zulfikar Ali Bhutto v. The State PLD 1979 SC 53,
Shahbaz Masih v. The State 2007 SCMR 1631,
Sajid Javed and others v. Additional Sessions Judge (West) Islamabad and others 2016 PCr.LJ 672,
The State through Deputy Attorney General for Pakistan v. Ibrahim and another 2020 YLR 1033,
Muhammad Riaz and another v. The State PLD 2003 Lah. 290,
Naveed Asif v. The State PLD 1988 SC 99,
Gurbachan Singh v. State of Punjab AIR 1957 SC 623,
Paimullah and others v. Emperor 13 Indian Cases 783 (Calcutta),
Sunnat Mondal v. Makar Sheikh AIR 1930 Calcutta 138
|
| Laws Involved |
Anti Terrorism Act, 1997,
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
11-B,
11-F,
11-J(2),
32,
265-C,
10-A
|