RIZWAN RASHEED vs State Ss — 2024 SCMR 1968 SUPREME-COURT

Case information

Citation: 2024 SCMR 1968 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: RIZWAN RASHEED vs State Ss
Subject matter: Criminal
Provisions referred to: S. 365-A---A; Penal Code (XLV of 1860); Anti-Terrorism Act

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

RIZWAN RASHEED VS State Ss. 6(1), 6(2)(e), 7(1)(a) & Third Sched.---Penal Code (XLV of 1860), S. 365-A---Abduction or kidnapping for ransom---Whether an act of terrorism---In circumstances where an act of abduction or kidnapping for ransom is designed with a purpose or intent of terrorism, the action shall fall within the meaning of subsection (1) of section 6 of the Anti-Terrorism Act, 1997 ("ATA 1997") and is an offence under subsection (2)(e) of section 6 of the ATA 1997, triable by the ATC and punishable under section 7(1)(a) of the ATA 1997---Where there is no element of a design, purpose or intent of terrorism in the act of abduction or kidnapping for ransom, then irrespective of gravity, heinousness or shocking nature of the offence, committed in pursuance of personal interest, it shall not fall within the meaning of subsection (1) of section 6 of ATA 1997, rather, would be an offence under section 365-A, P.P.C.---However, in view of the fact that this offence has been included in the Third Schedule to the ATA 1997, therefore, it is triable only by the Anti-Terrorism Court (ATC), to the exclusion of any other court, merely for the purpose of speedy trial---Under such circumstances, the accused has to be charged and tried only under section 365-A, P.P.C.---Cases mentioned in Entry No. 4 of the Third Schedule to the ATA 1997 are triable by the ATC because of its heinousness, but cannot be considered as an act of terrorism, unless the ingredients of section 6(1) of the ATA 1997 are fulfilled.

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