FAIZ MUHAMMAD PITAFI vs State Ss — 2023 PCrLJ 764 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 764 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: FAIZ MUHAMMAD PITAFI vs State Ss
Subject matter: Criminal

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

FAIZ MUHAMMAD PITAFI VS State Ss. 23 & 6---"Terrorism"---Power to transfer cases to regular courts---Communal violence---Scope---Accused persons assailed the rejection of their plea for transfer of case to Sessions Court---Complainant had categorically stated in the body of FIR that incident had taken place due to enmity between two communities in which one person had already lost his life---Deceased was a renowned advocate of the locality and his murder might have created a sense of insecurity amongst the legal fraternity but neither murder of the deceased was caused due to his activities as an advocate nor it was done within or around the courthouse, wherein the deceased was practicing as an advocate---Only a small group from each community was involved in enmity as such it was a reason to declare the matter as a personal vendetta---Lest there was a mass scale conflict between two communities, it would not amount to personal rivalry and in such a situation it might be declared an act of terrorism---Since the incident in the case was motivated on account of a pre-existing enmity; therefore, the same was to be tried as a regular sessions case instead of an anti-terrorism case---Impugned order was set aside.

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