MUHAMMAD RIAZ vs State Ss — 2024 SCMR 1839 SUPREME-COURT

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MUHAMMAD RIAZ VS State Ss. 6(1)(b), 6(1)(c), 6(2) & 7(a)---Penal Code (XLV of 1860), Ss. 302(b), 324 & 149---Act of terrorism, qatl-i-amd, attempt to commit qatl-i-amd, unlawful assembly---Reappraisal of evidence---Multiple murders committed in furtherance of previous enmity---Not an act of terrorism---Alleged occurrence took place at a bridge, which was not in a populated area and was committed due to longstanding personal enmity between the parties---Prosecution had not produced any material or evidence before the Investigating Officer or the court indicating that a sense of fear, panic, terror, or insecurity spread in the area at the time of the occurrence---Any action constituting an offence, however grave, shocking, brutal, gruesome, or horrifying, does not qualify as 'terrorism' if it is not committed with the intent or purpose specified in clauses (b) or (c) of subsection (1) of Section 6 of the Anti-Terrorism Act, 1997 (A.T.A)---Furthermore, the actions specified in subsection (2) of Section 6 of the A.T.A. do not qualify as terrorism if they are committed in furtherance of personal enmity or private vendetta---In the present case the cumulative effect of the evidence on record indicated that the alleged occurrence was not committed with the intent or purpose specified in clauses (b) or (c) of subsection (1) of Section 6 of the A.T.A.---Present case was a simple case of murder due to previous enmity; therefore, it did not fall within the purview of any provisions of the A.T.A.---High Court rightly observed that the provisions of the A.T.A. did not apply to the facts and circumstances of the case and set aside the conviction and sentence of the appellants recorded by the trial court under Section 7 of the A.T.A.---Appeal was allowed and consequently, both the appellants, were acquitted of the charge.

MUHAMMAD RIAZ vs State Ss — 2024 SCMR 1839 SUPREME-COURT

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