The Law Updates

9/16/19

Every act of violence triggered fear and panic with collateral impact on the surroundings; but this by itself would not bring even the most violent act to fall within the mischief of "terrorism" as contemplated by the Anti-Terrorism Act, 1997


 (b) Penal Code (XLV of 1860)---
----S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Qatl-i-amd, act of terrorism---Reappraisal of evidence---Murder in a court premises---Question as to whether conviction and sentence under S. 7(a) of Anti-Terrorism Act, 1997 was justified---Deceased was alleged to have killed the accused's brother---During the trial of deceased, at one of the court hearings he was shot and killed by the accused while being escorted from court---Held, that conduct of the accused was certainly far from being benign; he choose a venue most guarded by law to settle his score, nonetheless, he was undoubtedly actuated to quench a personal vendetta---Every act of violence triggered fear and panic with collateral impact on the surroundings; but this by itself would not bring even the most violent act to fall within the mischief of "terrorism" as contemplated by the Anti-Terrorism Act, 1997---Accused's conviction and sentence under S. 7(a) of the Anti-Terrorism Act, 1997, was set aside, however his conviction under S. 302(b), P.P.C and award of death sentence consequent thereupon was upheld---Appeal was dismissed accordingly.
(2019 S C M R 1362)

No comments:

Post a Comment

زیادہ پڑھے جانے والی تحاریر