Zohaib Ahmad vs State Ss — 2025 YLR 2456 QUETTA-HIGH-COURT-BALOCHISTAN

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Zohaib Ahmad VS State Ss. 302(b), 324, 147, 148 & 149---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly, act of terrorism---appreciation of evidence---Terrorism, applicability of---accused were charged that they made firing upon the complainant party, due to which two persons died and many others including Police Officials sustained firearm injuries---In the present case, the allegation against the appellants were that on 10th October 2021 at approximately 4:30 p.m. an incident occurred near the Customs Check Post, where "L" tribesmen from the Punjab region obstructed the highway---"L" tribesmen halted vehicles belonging to "K" tribesmen due to a dispute that arose some three months ago regarding the murder of three individuals of "L" tribe allegedly killed by "K"'s tribesmen---"K" tribesmen including elders and traders gathered there to negotiate the matter and the local police also came on the spot to intervene and to defuse the tension between the two tribes, and at that time firing brooked out and two persons from "K" tribesmen were killed and several others including Police Officials were injured---In the light of said allegation accused were declared to have created sense of fear, insecurity in the minds of people of locality and as such they were convicted under S.7(1)(a), (b) & (g) of the act---No doubt, the offence was heinous one, however, it did not appear in subsection (2) of S.6 of the act; hence, the said offence did not fall within the cognizance of the anti-Terrorism Courts---Further the modes and manner of the occurrence did not suggest their design for creating fear and terror in the public rather their aim was to take revenge for their personal enmity from the "K" tribe---Mere gravity or brutal nature of an offence would not provide a valid yardstick for bringing the same within the definition of terrorism---Keeping in view the said facts, the offences in the present case did not qualify the meaning of S.6, which was punishable under S.7 of the act, High Court after screening the entire evidence and material available on the record came to the conclusion that S.7 of the act was not applicable to the present case, as such the conviction of any offence under anti-Terrorism act, 1997, could not be sustained---Circumstances established that the prosecution had been able to prove its case against the accused beyond reasonable doubt, however the judgment passed by the Trial Court to the extent of S.7(1)(a), (b) & (g) of the anti-Terrorism act, 1997, was set aside having not been proved---Consequently, with the said modification, the appeal against conviction filed by the appellants was dismissed, accordingly.

Zohaib Ahmad vs State Ss — 2025 YLR 2456 QUETTA-HIGH-COURT-BALOCHISTAN

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