MUHAMMAD IRSHAD vs State Ss — 2022 SCMR 1185 SUPREME-COURT

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MUHAMMAD IRSHAD VS State Ss. 11EE, 33 & Fourth Sched.---Proscription of person---accused placed in Fourth Schedule to the anti-Terrorism act, 1997 by the Provincial Government---Plea that only the Federal Government had the prerogative to place the name of a person in such list---Validity---Federal Government in exercise of powers vesting in it under section 33 of the anti-Terrorism act, 1997 had already delegated its powers to the Provincial Home Secretaries of the each Province as well as Chief Commissioner Islamabad Capital Territory vide notification dated 29th October, 2014; this being so petitioner's placement in the Fourth Schedule by the Provincial Home Secretary was an act well within remit of law---Petition for leave to appeal was dismissed and leave was refused. Head NotesCase Description Citation Name: 2022 SCMR 1185 SUPREME-COURTBookmark this Case MUHAMMAD IRSHAD VS State Ss. 11EE(4), 21-L & Fourth Sched.---Proscription of person---accused placed in Fourth Schedule to the anti-Terrorism act, 1997 violating terms of his bond by absconding---Reappraisal of evidence---Subsection (4) of section 11EE of the anti-Terrorism act, 1997 unambiguously provided that any person who violated any direction or order or any term of bond executed thereunder shall expose himself to punishment of imprisonment that may extend to three years or with fine or with both and, thus, any violation of bond clearly constituted an offence punishable under the said act and, as such, the present accused committed an offence under the act and, therefore, was rightly prosecuted and convicted for his willful absence from law---Moreover the record of the case also showed that the prosecution successfully drove home the charge against the accused on the strength of "proof beyond doubt" comprising oral as well as documentary evidence, leaving no space to entertain any hypothesis other than his guilt---Petition for leave to appeal was dismissed and leave was refused. Head NotesCase Description

MUHAMMAD IRSHAD vs State Ss — 2022 SCMR 1185 SUPREME-COURT

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