Malik ZAFAR IQBAL vs State Ss — 2022 PCrLJ 421 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 421 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: Malik ZAFAR IQBAL vs State Ss
Subject matter: Criminal
Provisions referred to: S. 11-B; Anti-Terrorism Act

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

Malik ZAFAR IQBAL VS State Ss. 11-B, 11-F & 11-J(2)---Proscribed organization, membership and funding---Appreciation of evidence---Term "reasonable grounds to believe" and "benefit of doubt"---Distinction---Accused persons were alleged to have established Al-Anfal Trust which was established after Lashkar-e-Tayyaba was declared proscribed organization---Validity---Condition precedent for constitution of offences under Ss. 11-F & 11-J(2) of Anti-Terrorism Act, 1997, was that organization for whose benefit or support the act was done was proscribed by Federal Government---Trust in question was banned on 10-5-2019 and accused person could not be sanctioned for ambulances purchased for it in year 2010-2011---Prosecution was to prove its case beyond reasonable doubt to secure conviction of an accused---Such standard was way higher than "reasonable grounds to believe" employed in S. 11-B of Anti-Terrorism Act, 1997 for proscription of an organization by Federal Government---Accused persons could not be convicted for the mere reason that Lashkar-e-Tayyaba or the Trust had been proscribed---High Court set aside conviction and sentence awarded by Trial Court and acquitted accused persons of the charge as prosecution independently failed to establish ingredients of offences under Ss. 11-F & 11-J(2) of Anti-Terrorism Act, 1997---Appeal was allowed, in circumstances.

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