| Case ID |
d649cb58-9082-4c1e-a467-71be36f54d47 |
| Body |
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| Case Number |
J.Ps. Nos.233 and 234 of 2015, J.Ps. Nos.620 and 6 |
| Decision Date |
Mar 26, 2024 |
| Hearing Date |
Mar 26, 2024 |
| Decision |
The Supreme Court of Pakistan ruled that the acts committed by the petitioners did not constitute terrorism under the Anti-Terrorism Act, 1997, as there was no evidence connecting them to terrorist intentions. The court emphasized that the mere act of kidnapping for ransom, without the requisite intent to terrorize, does not fall under the definition of terrorism. The petitioners were convicted under the relevant sections of the Pakistan Penal Code instead, particularly section 365-A, which pertains to kidnapping for ransom. The punishment was modified to reflect this change, and the convictions under the anti-terrorism provisions were set aside. |
| Summary |
The case involves allegations against JAVED IQBAL and others for kidnapping for ransom, which raised questions about the applicability of the Anti-Terrorism Act, 1997. The Supreme Court found that the actions lacked the intent to terrorize as defined by law. This ruling clarifies the distinction between heinous crimes and acts of terrorism, emphasizing the need for intent and motivation aligned with terrorist activities. The court upheld the convictions for kidnapping under the Pakistan Penal Code, thereby ensuring that serious offenses are addressed without misapplying anti-terrorism laws. This decision is significant as it delineates the boundaries of what constitutes terrorism, impacting future cases related to kidnapping and ransom. The ruling is expected to guide legal interpretations and ensure that the application of the law remains consistent with legislative intent, focusing on genuine threats to public safety rather than individual criminal acts. Keywords: Anti-Terrorism Act, kidnapping for ransom, Supreme Court of Pakistan, legal distinction, terrorism intent. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Jamal Khan Mandokhail,
Syed Hasan Azhar Rizvi,
Musarrat Hilali
|
| Lawyers |
Sikandar Zulqarnain Saleem,
Salman Safdar,
Asad Mehmood
|
| Petitioners |
JAVED IQBAL and others
|
| Respondents |
The STATE
|
| Citations |
2024 SLD 3858,
2024 SCMR 1437
|
| Other Citations |
Ghulam Hussain's case PLD 2020 SC 61
|
| Laws Involved |
Anti Terrorism Act, 1997
|
| Sections |
6,
13
|