JANNAT GUL vs State Ss — 2024 YLR 1256 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1256 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: JANNAT GUL vs State Ss
Subject matter: Criminal
Provisions referred to: S. 23; S. 6; Penal Code (XLV of 1860); Sindh Arms Act (V of 2013); 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

JANNAT GUL VS State Ss. 6 (1), (2)(o), 7, 12, 23 & Third Sched., Entry No.4---Penal Code (XLV of 1860), Ss. 324, 353, 147 & 148---Sindh Arms Act (V of 2013) S.23(1)(a)---Terrorism, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting armed with deadly weapons and recovery of weapons---Anti-Terrorism Court---Jurisdiction---Police encounter---Element of creating fear and insecurity in society, absence of---Effect---Accused persons were alleged to have encountered a police party in armed conflict---Accused persons sought transfer of trial to Court of ordinary jurisdiction on the plea that no act of terrorism was made out---Validity---Although there was an act of armed resistance against members of law enforcement agency, as envisaged in S. 6(2)(o) of Anti-Terrorism Act, 1997, yet factor specified in S. 6(1) of Anti-Terrorism Act, 1997, was absent---Matter did not fall within the fold of 'terrorism'---Mere recovery of firearms and ammunition coupled with assertion that the same were to be supplied onwards for the purpose of creating/ spreading terror did not suffice for that purpose, especially when intended recipient was not a proscribed person or proscribed organization---Alleged offence was even otherwise not one of those heinous offences which did not constitute offence of terrorism per se but were nonetheless to be tried by an Anti-Terrorism Court due to having been specified in Entry No. 4 of Third Schedule to Anti-Terrorism Act, 1997---High Court set aside the order passed by Anti-Terrorism Court and trial was transferred to ordinary Court of competent jurisdiction---Revision was allowed accordingly.

Other judgments reported in 2024 YLR

2024 YLR 2656 KARACHI-HIGH-COURT-SINDHMuhammad Maqsood VS State Ss. 324, 353 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---attempt t…
2024 YLR 2635 KARACHI-HIGH-COURT-SINDHAbdul Karim VS State S. 497---Foreign Exchange Regulation Act (VII of 1947),Ss. 4, 5, 8 & 23---Payments through informal banking channel of…
2024 YLR 2619 KARACHI-HIGH-COURT-SINDHBijar alias Bijli VS State Ss. 324, 353, 225, 337-a(i), 337-F(i), 337-H(2), 147, 148 & 149---Sindh arms act (V of 2013), S. 24---anti-Terror…
2024 YLR 2586 KARACHI-HIGH-COURT-SINDHFayaz alias Fayaz Hussain VS State Ss. 302(b), 324, 353, 337-F(iii), 337-F(v), 337-H(2), 506(2), 148 & 149---anti-Terrorism act (XXVII of 19…
2024 YLR 2561 KARACHI-HIGH-COURT-SINDHMuhammad Bilal VS State S. 497---Penal Code (XLV of 1860), Ss. 409, 419, 420, 467, 468, 471, 477-A & 109---Prevention of Corruption Act (II…
2024 YLR 1497 KARACHI-HIGH-COURT-SINDHKHALID VS State Minor contradictions in evidence---In consequential---Every contradiction can not take place of a material contradiction and…

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