Gulzar Ali vs State Ss — 2026 PCrLJ 289 KARACHI-HIGH-COURT-SINDH

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Gulzar Ali VS State Ss. 7 & 23---Penal Code (XLV of 1860), Ss. 302(b), 353, 392, 397 & 34---Qatl-i-amd, using assault or criminal force against a public servant, robbery, committing robbery or dacoity with a deadly weapons---Transfer of case from Anti-Terrorism Court to Ordinary Courts---Scope---Application of the accused/applicant for the transfer of case from Special Court to Ordinary Court was dismissed---Validity---Accused were charged that they made firing upon the police party, due to which two Police Officials were shot and died---In the instant case, the applicant was facing the charge of acting violently against police force in the execution of their duties and offered armed resistance against law enforcers, which act of the applicant falling under clauses (n) and (o) Anti-Terrorism Act, 1997, came within the prescribed definition of "terrorism" assigning jurisdiction to the Trial Court being Anti-Terrorism Court to take the cognizance of the offence---Record revealed prima facie that the act in question was committed by the accused with full intention and mens rea to deter their arrest at the hands of law enforcers---In that regard, the term "action" was more appropriate and carried greater legal weight than the expression "designed to"---Incident took place in a thickly populated locality, where members of the Shaheen Force were performing patrolling duty to prevent and control crimes---Attack created alarm, panic and fear in the minds of the public, leaving the clear impression that if Police Officials themselves were not safe, then ordinary citizens could not expect protection---Therefore, it was evident that this was not a case of personal enmity or private vendetta; rather, it was a deliberate, intentional and armed assault upon law enforcers in the discharge of their lawful duty---Such action could neither have remained unnoticed by the locality nor could it be considered an ordinary offence, as its effect was to spread intimidation, insecurity and a sense of lawlessness amongst the public at large---Incident, in which one Police Constable lost his life was of a grave and serious nature and, if left unchecked, would directly erode public confidence in law enforcement and the writ of the State---Such attacks on Police Officials strike at the very fabric of society, amounting to an assault not only on individual officers but on the society and State itself---Calculation of accused was to create fear, insecurity and terror both in the minds of the public and within the ranks of law enforcement agencies---Consequently, the alleged act clearly fell within the parameters of clauses (b) and (c) of subsection (1) of S.6 of the Anti-Terrorism Act, 1997, and could not be brought within the jurisdiction of the regular Sessions Court---Criminal revision application was dismissed, accordingly.

Gulzar Ali vs State Ss — 2026 PCrLJ 289 KARACHI-HIGH-COURT-SINDH

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