UMAIR ARIF vs SESSIONS JUDGE MUZAFFARABAD/JUDGE ANTI-TERRORISM COURT, MUZAFFARABAD Ss — 2021 PCrLJ 488 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 PCrLJ 488 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PCRLJ
Parties: UMAIR ARIF vs SESSIONS JUDGE MUZAFFARABAD/JUDGE ANTI-TERRORISM COURT, MUZAFFARABAD Ss
Subject matter: Criminal
Provisions referred to: S. 6; S. 5---; S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

UMAIR ARIF VS SESSIONS JUDGE MUZAFFARABAD/JUDGE ANTI-TERRORISM COURT, MUZAFFARABAD Ss. 6 & 5---"Terrorism"---act done in furtherance of previous enmity---Scope---Question before Court was whether the provisions of S. 6 of azad Jammu and Kashmir anti-Terrorism act, 2014, were attracted to the case of appellants or not---Section 6 of azad Jammu and Kashmir anti-Terrorism act, 2014, could not be read in isolation rather the same had to be read together with S. 5---allegation against accused persons was that they murdered a person in a brutal manner at a public place in furtherance of previous enmity---Details of previous enmity were mentioned in the challan---Nothing was mentioned in the challan that the accused did the act of murder to achieve any object/purpose enumerated in S. 5(1)(b) of azad Jammu and Kashmir anti-Terrorism act, 2014---appeal was allowed and while accepting the writ petition the case was transferred from the Court of anti-Terrorism to District Court of Criminal Jurisdiction.

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