Anti-Terrorism Act, 1997

Anti-Terrorism Act, 1997

Section 4- When the offence alleged was not complete but only an attempt was made, charge as framed under the AntiTerrorism Act is not tenable. Shadesh Chandra Saha vs State 48 DLR 206. Section 4-The provision of this section is attracted only when attempt is successful and complete. An attempt to realise money in the form of donation or otherwise has not been made punishable offence under this Special Law. Saved vs State 48 DLR 489. Section-6(1) (b) or (c)- Mens rea- A private offence committed in the privacy of a home with no design or purpose contemplated by section 6(1)(b) or (c) of the Anti-Terrorism Act, 1997. We have, thus, entertained no manner of doubt that the allegations leveled against the appellant and his co-accused in the present criminal case did not attract the jurisdiction of an Anti-Terrorism Court, the learned Sessions Judge, Mastung was not justified in transferring the case to an Anti-Terrorism Court and the High Court was also not legally correct in dismissing the appellant's revision petition. This appeal is, therefore, allowed, the impugned orders passed by the learned Sessions Judge, Mastung as well as the High Court of Balochistan, Quetta are set aside and it is declared that the appellant's case is to be tried by a court of ordinary jurisdiction. Khuda-e-Noor -VS- The State, [1 LM (SC) 650]

Section 7(a)- Compromise Both the impugned judgments of the learned Courts below are set aside and the case is sent back to the learned Trial Court, who, after verifying the genuineness of the compromise to its satisfaction shall accept the same and acquit the appellants on the basis thereon...... Irfan =VS= Muhammad Yousaf, [3 LM (SC) 114]

Section 7(a)- The benefit under section 382-B, Cr.P.C shall be extended to the appellant appeal is dismissed to the extent of the appellant's conviction for the offence under section 7(a) of the Anti- Terrorism Act, 1997, his sentence passed for the said offence is reduced from death to imprisonment for life and his conviction and sentence for the offence under section 302(b), PPC are set aside. The order passed by the trial court in respect of payment of fine by the appellant as well as the order passed in respect of imprisonment in default of payment of fine are, however, maintained. The benefit under section 382- B. Cr.P.C. shall be extended to the appellant. Dr. Irfan Iqbal =VS= The State, (3 LM (SC) 111] Section 11-When the Tribunal Judge ordered publication of notification in the daily newspapers as prescribed in the Act it indicated that the Judge was mentally satisfied that the accused persons had become absconders. The word satisfaction need not be written before passing the order. Soton @ Arif Hossain vs State 50 DLR 593. Section 15-Submission of charge-sheet beyond the specified time of 30 days under the AntiTerrorism Act is illegal and, as such, the proceedings cannot proceed in the Anti-Terrorism Tribunal. Shahidullah Kazi, Amjad Hossain vs State Abdul Kasem 48 DLR 178.