Sher muhammad vs State Ss — 2026 PCrLJ 422 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 PCrLJ 422 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: PCRLJ
Parties: Sher muhammad vs State Ss
Subject matter: Criminal
Provisions referred to: Penal Code (XLV of 1860)

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

Sher muhammad VS State Ss. 23 & 7---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intention, act of terrorism---Application for transfer of case from Anti-Terrorism Court to the Ordinary Court was allowed---Validity---Complainant lodged FIR alleging that accused persons committed murder of his son/Head Constable---Prima facie, the investigation demonstrated that the accused and his associates had threatened and attacked the deceased because as a Police Officer he resisted their unlawful Manpuri/Gutka business and facilitated their arrest---Thus, it could not be ruled out at this stage that the design or object of the act was not personal revenge simpliciter, but the silencing of a law enforcement officer and the intimidation of the police force and local community---Fact that the deceased was not on duty or in uniform at the time of attack was not sufficient to dislodge the stated test of 'terrorism'---Thus, it was premature of the Trial Court to opine that the case did not constitute terrorism---Revision application was accordingly allowed by setting aside impugned order with the direction that the case shall remain on the file of the Anti-Terrorism Court until there was evidence to rule out terrorism.

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