| Case ID |
ffdaf1de-575a-423a-8b79-3ae9a26abb55 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Revision Application No. 142 of 2013 |
| Decision Date |
Nov 04, 2013 |
| Hearing Date |
Oct 28, 2013 |
| Decision |
The High Court dismissed the petition, upholding the Trial Court's decision that the case fell within the jurisdiction of the Anti-Terrorism Court. The Court found that the indiscriminate firing by the accused and others during the funeral procession was intended to create fear and insecurity among the public, satisfying the definition of terrorism under the Anti-Terrorism Act, 1997. The Court emphasized that the Trial Court was justified in dismissing the application to transfer the case to an ordinary court, as the actions of the accused met the criteria for terrorism under Section 6 of the Act. |
| Summary |
In the case of Azhar Hussain Rizvi vs. The State, the Sindh High Court dealt with a critical issue under the Anti-Terrorism Act, 1997. The case revolved around an incident where a mob, including the petitioner, engaged in indiscriminate firing during a funeral procession. The firing created fear and insecurity among the public, leading to charges under sections 6, 7, and 28 of the Anti-Terrorism Act, 1997, and section 302 of the Pakistan Penal Code, 1860. The petitioner sought to transfer his case to an ordinary court, arguing that the charges did not meet the criteria for terrorism. The High Court, however, upheld the Trial Court's decision, emphasizing the legal definition of terrorism, which includes actions designed to create fear and insecurity. The Court referenced previous cases, Amir Khan v. The State and Jehangir Akhtar Awan v. The State, to underscore the legal precedent. The judgment highlighted the importance of intention and the surrounding circumstances in determining the applicability of terrorism charges. The decision reinforced the jurisdiction of the Anti-Terrorism Court in cases involving public fear and insecurity, setting a significant legal precedent for future cases under the Anti-Terrorism Act, 1997. |
| Court |
Sindh High Court
|
| Entities Involved |
Police Station Gulbahar,
Special Judge Anti-Terrorism Court No.II, Karachi
|
| Judges |
Ghulam Sarwar Korai,
Abdul Rasool Memon
|
| Lawyers |
Javed Iqbal Barqi,
Ms. Akhtar Rehana
|
| Petitioners |
Azhar Hussain Rizvi
|
| Respondents |
The State
|
| Citations |
2014 SLD 65,
2014 PLD 547
|
| Other Citations |
PLD 2005 Kar. 344,
PLD 2000 Kar. 89,
PLD 1967 SC 78
|
| Laws Involved |
Anti Terrorism Act, 1997,
Pakistan Penal Code, 1860
|
| Sections |
6,
7,
28,
302
|