P.C. NASIR HUSSAIN vs HASNAIN SHAH Ss — 2022 MLD 425 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 425 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: P.C. NASIR HUSSAIN vs HASNAIN SHAH Ss
Subject matter: Criminal
Provisions referred to: S. 23; S. 6; S. 6---

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

P.C. NASIR HUSSAIN VS HASNAIN SHAH Ss.6 & 23---act of "terrorism"---Power to transfer cases of regular Court to Special Court---Scope---accused along with others was alleged to have fired at the police party upon being espied---accused moved application under S. 23 of anti-Terrorism act, 1997, before the Trial Court, which was allowed vide impugned order---Held, for an action or threat of action to be accepted as "terrorism" within the meaning of S.6 of anti-Terrorism act, 1997, the action must fall in subsection (2) of S.6, of anti-Terrorism act, 1997 and the use or threat of such action must be designed to achieve any of the objectives specified in clause (b) of subsection (1) of S.6---any action constituting an offence, howsoever, grave, shocking, brutal, gruesome or horrorfying did not qualify to the term "terrorism" if it was not committed with the design or purpose specified or mentioned in clauses (b) or (c) of subsection (1) of S.6, of the anti-Terrorism act, 1997---Ingredients of S. 6(1)(b) & (c) were conspicuously absent---application was dismissed.

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