Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH vs State S

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Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH VS State S. 153-a---Promoting enmity between different groups---Scope---Section 153-a, P.P.C. takes into account the act of promoting enmity between groups and classes---It is intended to prevent accused from making attacks on a particular community as it exists at the present time and also to curb various classes from coming into conflict by mutual abuse and recrimination and to prevent breaches of public tranquility which might result from exciting feelings of enmity between different religious, racial or language groups or castes or communities. Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH VS State S. 11-X--- Responsibility for creating civil commotion---Scope---Subsections (2) & (3) of S. 11-X of Anti-Terrorism Act, 1997 come into play when an accused makes any call for action or shut down, imposed through the use of threats or force resulting in damage or destruction of property or injury to person. Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH VS State S. 497---Penal Code (XLV of 1860), Ss. 506, 505, 503, 153-A, 131, 124-A, 120-A, 120-B & 188---Anti-Terrorism Act (XXVII of 1997), Ss. 6, 7 & 11-X---Sedition---Bail, grant of---Scope---Accused was alleged to have made anti-State/anti-establishment comments---Insertion, applicability and attraction of Ss. 153-A, 131, 124-A, 120-A & 120-B, P.P.C. and Ss. 6, 7 & 11 of Anti-Terrorism Act, 1997, required further probe into guilt of the accused---Rest of the sections of law i.e. Ss. 505, 506 & 188, P.P.C. did not fall within the ambit of prohibition contained in S. 497, Cr.P.C.---Grant of bail in such like offence was a rule and refusal thereon an exception---Reasonable grounds were available on record to believe that the prosecution case required further probe into the guilt of accused---Petition for grant of bail was allowed, in circumstances. Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH VS State S. 131---abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty---Mutiny---Scope---Term mutiny has not been defined in the P.P.C.---Mutiny implies a collective insubordination to obey high command, a revolt, a resistance or refusal to obey lawful command especially in the military and naval services. Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH VS State Mutiny---Scope---In criminal law, mutiny means an insurrection of soldiers or seamen against the authority of their commanders, a sedition or revolt in the Army or Navy---One is guilty of mutiny who with intent to usurp or override lawful military authority refers in concert with any other person or persons to obey orders or otherwise do his duty or creates any violence or disturbance. Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH VS State S. 124-a--- Sedition---Scope---Section 124-a of P.P.C. provides measures to protect government from seditious activities, actual or attempted disaffection oral or advocacy as to over throw the Government (Central or Provincial) by force or violence. Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH VS State Ss. 6 & 7---act of terrorism---"Terrorism"---Scope---For attraction of the provisions of S. 7 of anti-Terrorism act, 1997, it is necessary that ingredients of alleged offence must have nexus with the object of case as contemplated in S. 6 of the anti-Terrorism act, 1997, and for this purpose it would be essential to have a glance over allegations made in the crime report, record of case and surrounding circumstances. Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH VS State S. 131---abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty---Scope---Section 131 of P.P.C. can be attracted when an offender abets the committing of mutiny by an officer, soldier, sailor or airman in the army, Navy or air Force or attempts to seduce any such officer, soldier, sailor or airman from the allegiance of his duty.

Citation Name: 2023 PCrLJ 100 PESHAWAR-HIGH-COURTBookmark this Case Mufti KIFAYAT ULLAH vs State S — 2023 PCrLJ 100 PESHAWAR-HIGH-COURT

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