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Precedent

Private enmity without the object of striking terror does not attract Section 6 ATA

Citation: PLD 2023 SC 291 Court: Supreme Court of Pakistan Bench: 3-Member Bench Decided: 16 May 2023

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Headnote

For an offence to fall within Section 6 of the Anti-Terrorism Act 1997 the act must be designed to create a sense of fear or insecurity in society at large; an offence arising out of personal vendetta is triable by the ordinary courts.

Key holdings

  1. The design and object of the act, not its gravity alone, determines the application of the ATA.
  2. Terror caused incidentally to the immediate victims is insufficient.
  3. Cases wrongly sent to the ATC must be transferred to the court of ordinary jurisdiction.