| Case ID |
ea666ecb-a7fa-42e3-bc0c-fcaa8b37a6a1 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. S-162 and M |
| Decision Date |
Sep 14, 2020 |
| Hearing Date |
Sep 14, 2020 |
| Decision |
The Sindh High Court dismissed the Criminal Miscellaneous Application filed by the applicant/complainant, Ali Gul, for the transfer of the case to the Anti-Terrorism Court. The court found that the application lacked merit as the incident did not meet the criteria of terrorism or create a sense of public terror as defined under the Anti-Terrorism Act. The facts presented showed that the accused were involved in a personal vendetta rather than any premeditated act of terrorism. The court emphasized that the nature of the crime was a murder due to personal enmity, and the evidence did not support the claim of terror being instilled in the community. The decision to maintain the dismissal of the application was based on the absence of any evidence suggesting that the actions of the accused were intended to terrorize the public. |
| Summary |
In the case of Criminal Miscellaneous Application No. S-162 and M.A. No. 1226 of 2019, the Sindh High Court addressed a request for the transfer of a murder case to the Anti-Terrorism Court. The court, led by Justice Aftab Ahmed Gorar, examined the nature of the allegations and the context of the crime, which involved the murder of the complainant's brother and maternal uncle. The court found insufficient evidence to classify the act as terrorism, emphasizing that the incident stemmed from personal enmity rather than a broader intent to instill fear in the public. The court's ruling reinforced the principle that personal vendetta does not equate to terrorism under the law. This decision highlights the importance of distinguishing between personal disputes and acts that genuinely threaten societal security. The ruling serves as a critical reference for future cases involving similar allegations, ensuring that the legal definitions of terrorism are upheld and not misapplied to personal grievances. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AFTAB AHMED GORAR
|
| Lawyers |
Shamsuddin Rajper,
Rizwan Ahmed Jagirani,
Fayyaz Ahmed A. Soomro,
Aftab Ahmed Shar
|
| Petitioners |
ALI GUL
|
| Respondents |
THE STATE AND 6 OTHERS
|
| Citations |
2021 SLD 1225,
2021 MLD 759
|
| Other Citations |
PLD 2018 SC 178,
PLD 1967 SC 425,
PLD 1997 Supreme Court 339,
PLD 1985 Supreme Court 62,
1985 PCr.LJ 2334
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
561-A,
302,
34
|