Citation Name: 2025 PCrLJ 1926 KARACHI-HIGH-COURT-SINDHBookmark this Case Aijaz Ali vs Qurban Ali Ss

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Citation Name: 2025 PCrLJ 1926 KARACHI-HIGH-COURT-SINDHBookmark this Case Aijaz Ali VS Qurban Ali Ss. 23 & 7---Penal Code (XLV of 1860), Ss. 365-A & 34---Kidnapping or abduction for extorting property, valuable security, etc., common intention, act of terrorism---Application for transfer of case from Anti-Terrorism Court to the Ordinary Court was dismissed---Validity---Complainant lodged FIR alleging that accused persons kidnapped his brother for ransom---Admitted position that the charge had been framed by the Anti-Terrorism Court and now the matter was fixed for recording of evidence---Provisions of S.23 of the Anti-Terrorism Act, 1997, deal with the transfer of cases to any other Court having jurisdiction provided the offence is not Scheduled Offence---Offence of kidnapping for ransom is itself enumerated under S.2(n) of the Anti-Terrorism Act, 1997---Sentence for the commission of offence for kidnapping for ransom has been provided under S.7(e) of the Act, 1997---Therefore, neither any Court can try the offence of kidnapping for ransom nor the law has authorized any Court with sentencing power except the Court as established under S.13 of the Act, 1997---Offence of kidnapping for ransom is independently defined in S.2(n) under the Anti-Terrorism Act, 1997 and in the provision of S.365-K, P.P.C---Regardless the absence of the ingredients of "terrorism" as embodied in S.6 subsection (1) and its extensive scope stretched out from S.6 subsection 2(e) of the Anti-Terrorism Act, 1997, due to severity and heinousness of the offence, the legislatures have declared it as a Scheduled Offence under S.2(t) and Schedule III "Entry No.4" of the Anti-Terrorism Act, 1997, which was added through amended Act No. II of 2005---In summation, the provisions of kidnapping for ransom is itself an offence under the Anti-Terrorism Act, 1997 and it has been classified as a Schedule Offence exclusively triable by the Court of Anti-Terrorism as established under S.13 of the Anti-Terrorism Act, 1997---Criminal revision application was dismissed, in limine.

Citation Name: 2025 PCrLJ 1926 KARACHI-HIGH-COURT-SINDHBookmark this Case Aijaz Ali vs Qurban Ali Ss — 2025 PCrLJ 1926 KARACHI-HIGH-COURT-SINDH

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