| Case ID |
e0230cf8-92f6-4f3d-8e5a-aa9ccadb113d |
| Body |
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| Case Number |
Criminal (ATA) Appeals Nos. 66 and 71 of 2023 |
| Decision Date |
May 03, 2023 |
| Hearing Date |
Apr 27, 2023 |
| Decision |
The appeals were allowed, and the impugned judgment dated 14th February 2023, passed by the learned Judge, Anti-Terrorism Court, Loralai, was set aside. The appellants Bahawal Khan, Ibrahim alias Taig, Ali Gul alias Wapari, and Mubarak alias Wadu were acquitted of the charges in FIR No. 01/2022, P.S. CTD, Loralai, by extending the benefit of doubt in their favor. They were ordered to be released forthwith unless required in any other case. The court found that the prosecution failed to prove the case beyond a reasonable doubt, noting the lack of compliance with mandatory legal provisions and absence of credible evidence linking the appellants to terrorist activities. |
| Summary |
In the case of Criminal (ATA) Appeals Nos. 66 and 71 of 2023, decided by the Balochistan High Court, the appellants were accused under the Anti Terrorism Act, 1997 and the Explosive Substances Act, 1908. The court emphasized the importance of upholding individual rights and the legal principle of 'benefit of doubt'. The court noted that despite the prosecution's claims, there was insufficient evidence to prove that the appellants were involved in terrorist activities. The decision highlighted the necessity for law enforcement agencies to adhere to legal procedures during investigations and the critical role of the judiciary in safeguarding the liberties of individuals, even those accused of serious crimes. This case serves as a reminder of the importance of due process and the presumption of innocence in criminal trials. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Ejaz Swati,
Nazeer Ahmed Langove
|
| Lawyers |
Amanullah Kanrani,
Habib-ur-Rehman Baloch,
Muhammad Rashid Ayub,
Ms. Noor Jahan Kahoor
|
| Petitioners |
IBRAHIM alias TAIG and others
|
| Respondents |
The STATE
|
| Citations |
2024 SLD 181 = 2024 PCRLJ 190
|
| Other Citations |
Not available
|
| Laws Involved |
Anti Terrorism Act, 1997,
Explosive Substances Act, 1908,
Criminal Procedure Code (V of 1898)
|
| Sections |
7,
11-F,
4,
5,
103
|