LHC says occurrence does not constitute offence of ‘terrorism’ for the purpose of trial by ATC

LAHORE: The Lahore High Court has held that merely due to the magnitude of the effects of crime committed due to personal enmity cannot be termed ‘terrorism’.

The court also held that in an incident of firing near or around the court, an anti-terrorism court cannot add the provisions of the anti-terrorism act.

The court passed this order on a petition against the decision of an ATC which dismissed the application of petitioners Aqeel alias Kaka and others challenging the addition of different provisions of ATA during the investigation of the case.

The court said prima facie, the intention to have fired in or at the court premises is not reflecting from the act constituting a crime. It appears that the occurrence was orchestrated to target opponents due to personal enmity outside the court and as a byproduct, some bullets hit the outer wall of the court premises or the outer wall of the courtroom from a distance. There is absolutely no intention to have fired in the court, so the act constituting the offence irrespective of the huge loss of lives or other things would not be triable by the Anti-Terrorism Court under its 3rd schedule.

The court said in criminal law mens rea, ie, guilty mind which refers to criminal intent carries vital importance to determine the nature as well as gravity of the alleged act, resulting in deciding the question of jurisdiction also.

The court said by no stretch of the imagination, it can be claimed that firing was made in the court or for targeting or hitting the court premises rather it has been clearly mentioned in the case diary that there was previous litigation and grudge between the complainant party and accused persons.

The court noted that the occurrence took place outside the court premises and due to previous enmity, there was no intention of the accused persons to target the court or victims on the court premises.

The court observed that occurrence does not constitute the offence of terrorism for the purpose of trial by the ATC. Thus the trial court fell into legal error while holding through an impugned order that this case is triable by the Anti-Terrorism Court. The court, therefore, set aside the impugned order for being not sustainable in the eyes of the law and sent the case to the Sessions Court, Lahore, for trial in accordance with law.

Copyright Business Recorder, 2024