| Case ID |
ebee27cf-6c4e-473d-9c0f-4d826cffdc13 |
| Body |
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| Case Number |
Writ Petition No. 7200 of 2019 |
| Decision Date |
Oct 24, 2019 |
| Hearing Date |
Oct 24, 2019 |
| Decision |
The High Court upheld the decision of the Anti-Terrorism Court, ruling that the case did not fall under the jurisdiction of the Anti-Terrorism Act, 1997. The court determined that the actions described in the FIR, although involving the use of corrosive substances to mutilate a dead body, did not constitute terrorism as defined by the relevant laws. The court emphasized that the nature of the accusations and the evidence did not support the application of the Anti-Terrorism Act, leading to the dismissal of the constitutional petition. |
| Summary |
In the case of Writ Petition No. 7200 of 2019, the Lahore High Court addressed the jurisdictional issues related to the Anti-Terrorism Act, 1997, and its applicability to a case involving the murder and mutilation of a body with corrosive substances. The petition was filed by the complainant, who sought to challenge the transfer of the case from the Anti-Terrorism Court to an ordinary court. The court analyzed the legal definitions of 'hurt' and 'murder' under the Pakistan Penal Code and concluded that the allegations did not meet the criteria for terrorism. This ruling is significant in clarifying the boundaries of anti-terrorism legislation in Pakistan, particularly in cases that involve severe criminal acts but lack elements of terrorism. The decision underscores the importance of precise legal definitions and the need for appropriate jurisdiction in serious criminal matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUJAHID MUSTAQEEM AHMED,
JUSTICE CH. ABDUL AZIZ,
JUSTICE MST. PARVEEN BIBI
|
| Lawyers |
Ch. Irfan Aziz,
Ch. Faqir Muhammad,
Jam Abdul Malik, Assistant Advocate-General, Punjab
|
| Petitioners |
MUJAHID MUSTAQEEM AHMED
|
| Respondents |
THE STATE AND 3 OTHERS
|
| Citations |
2020 SLD 646,
2020 PLD 332
|
| Other Citations |
Allah Din and 18 others v. The State and another 1994 SCMR 717
|
| Laws Involved |
Anti Terrorism Act, 1997,
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
6,
ThirdSched, Item 4(iv),
173,
148,
149,
302,
332,
336B,
364
|