SAJJAD ALI vs ABDUL RAUF S — 2023 PCrLJ 553 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 553 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: SAJJAD ALI vs ABDUL RAUF S
Subject matter: Criminal
Provisions referred to: S. 302---; S. 6---Q; 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

SAJJAD ALI VS ABDUL RAUF S. 302---anti-Terrorism act (XXVII of 1997), S. 6---Qatl-i-amd---"Terrorism"---Personal enmity---Scope---allegation against accused persons was that they entered on the land of complainant party, asked them as to why they had failed to pay the extortion money and ultimately caused hatchet and dagger blows to one of the complainant party, which resulted in his death---Occurrence neither reflected any act of terrorism nor was it a sectarian matter, instead the murder in question was committed owing to previous enmity between the parties---Where a murder was committed solely on the pretext of personal enmity, such a murder had no nexus with the provisions of S. 6 of anti-Terrorism act, 1997 and was not triable under the same---allegations of aerial firing did not appear to be a case of terrorism as again the motive of the case was personal vendetta---Intention of the accused did not depict or manifest any act of terrorism as contemplated by the provisions of anti-Terrorism act, 1997---Case was triable under the court of ordinary jurisdiction as the prosecution had failed to establish that the accused persons intended to create terror through their actions--- Constitutional petition was allowed and the case was entrusted to Sessions Judge---Constitutional petition was allowed.

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