Anti terrorism meaning in Urdu.Acquittal Case laws

Antiterrorism laws are legislative measures enacted by governments to combat and prevent terrorism. These laws vary from country to country but generally aim to enhance security measures, provide authorities with tools to investigate and prosecute terrorism-related activities, and establish penalties for those involved in terrorist acts.

Key provisions in antiterrorism laws often include:

1. **Definition of Terrorism:** Clear definitions of what constitutes terrorism and related offenses.

2. **Enhanced Surveillance Powers:** Expanded authority for law enforcement agencies to conduct surveillance, monitor communications, and gather intelligence.

3. **Preventive Detention:** The ability to detain individuals suspected of being involved in terrorism before they commit an actual crime.

4. **Asset Freezing:** Authority to freeze assets of individuals or organizations involved in terrorism.

5. **International Cooperation:** Collaboration with other countries to combat terrorism globally.

These laws are often controversial as they can involve a balance between ensuring national security and protecting individual rights and civil liberties. If you have specific questions about the antiterrorism laws of a particular country, please specify, and we'll provide more information.consult with our legal professional.

انسداد دہشت گردی کے قوانین قانون سازی کے اقدامات ہیں جو حکومتوں کی طرف سے دہشت گردی سے نمٹنے اور روکنے کے لیے بنائے جاتے ہیں۔ یہ قوانین ملک سے دوسرے ملک میں مختلف ہوتے ہیں لیکن عام طور پر ان کا مقصد حفاظتی اقدامات کو بڑھانا، حکام کو دہشت گردی سے متعلق سرگرمیوں کی تفتیش اور ان پر مقدمہ چلانے کے لیے آلات فراہم کرنا، اور دہشت گردی کی کارروائیوں میں ملوث افراد کے لیے سزائیں مقرر کرنا ہے۔ انسداد دہشت گردی کے قوانین میں کلیدی دفعات اکثر شامل ہیں: 1. **دہشت گردی کی تعریف:** اس کی واضح تعریفیں کہ دہشت گردی اور متعلقہ جرائم کیا ہیں۔ 2. **فوجی نگرانی کے اختیارات:** قانون نافذ کرنے والے اداروں کے لیے نگرانی کرنے، مواصلات کی نگرانی کرنے، اور انٹیلی جنس جمع کرنے کے لیے اختیارات میں توسیع۔ 3. **احتیاطی حراست:** دہشت گردی میں ملوث ہونے کا شبہ رکھنے والے افراد کو حقیقی جرم کرنے سے پہلے حراست میں لینے کی اہلیت۔ 4. **اثاثے منجمد کرنا:** دہشت گردی میں ملوث افراد یا تنظیموں کے اثاثے منجمد کرنے کا اختیار۔ 5. **بین الاقوامی تعاون:** عالمی سطح پر دہشت گردی سے نمٹنے کے لیے دوسرے ممالک کے ساتھ تعاون۔ یہ قوانین اکثر متنازعہ ہوتے ہیں کیونکہ ان میں قومی سلامتی کو یقینی بنانے اور انفرادی حقوق اور شہری آزادیوں کے تحفظ کے درمیان توازن شامل ہو سکتا ہے۔ اگر آپ کے پاکستان کے انسداد دہشت گردی کے قوانین کے بارے میں مخصوص سوالات ہیں، تو براہ کرم ہمارے قانونی ماہرین سے مشورہ کریں۔

Acquittal in Antiterrorism cases

Brief story

The Following case law(judgement) is a case law is a story of a person which is arrested from home and recoverd from him some magazines of jihad and there was not any independence evidence, all the witnesses was police persons, and the police witnesses was subordinate of complainant, and all these reasons with other reasons become the reason of acquittal of the accused.

مختصر کہانی درج ذیل کیس کا قانون (فیصلہ) ایک کیس کا قانون ہے ایک ایسے شخص کی کہانی ہے جسے گھر سے گرفتار کیا گیا اور اس کے پاس سے جہاد کے کچھ رسالے برآمد ہوئے اور کوئی انفرادی شہادت نہ تھی۔اس کا کوئی ثبوت نہیں تھا، تمام گواہ پولیس والے تھے، اور پولیس کے گواہ جو تھے۔ شکایت کنندہ کے ماتحت تھے۔اور یہ تمام وجوہات دیگر وجوہات کے ساتھ ملزم کی بریت کی وجہ بن گئیں۔

For more information call or Whatsapp 0324-4010279

Judgement

THE HIGH COURT OF SINDH AT KARACHI

Special Criminal Anti-Terrorism Appeal No.348 of 2019

Mr. Justice Abdul Maalik Gaddi

Justice Mrs. Rashida Asad

Appellant

Nasarullah Khan son of Nazir Ahmed

through Mr. Muhammad Farooq,

Advocate.

Respondent

The State through Mr. Abdullah Rajput,

Deputy Prosecutor General Sindh.

Date of hearing

08.04.2020

Date of Order

08.04.2020

JUDGMENT

Abdul Maalik Gaddi, J.– Through this appeal, the appellant has

assailed the legality and propriety of the judgment dated

26.12.2019 passed by the learned Judge, Anti-Terrorism Court

No.VI, Karachi, in Special Case No.83/2018 (Re: The State v.

Nasarullah Khan), arising out of Crime No.145/2018 registered

under Section 11-W(i) & 11-F(i) of ATA, 1997 at police station

CTD/INV Karachi, whereby the learned trial Court after full

dressed trial, convicted and sentenced the appellant as stated in

point No.3 of the impugned judgment. For the sake of convenience,

it would be proper and relevant to reproduce the findings on the

said point, which reads as under:-

“Point No.3

Upshot of the discussion is that prosecution has

proved its case beyond the reasonable shadow of doubt

as such the present accused has been proved to be

guilty of the offence being facilitator of Khalid Makashi

a terrorist of proscribed organization Al-Quaida and he

had also incited hatred, gave projection to person,

proscribed organization for committing terrorist

activities, hence, I hereby convict and sentences

accused Nasarullah Khan s/o Nazir Ahmed u/s

265(H)(ii) for the offence under section 11-F(i) and 11-

W(i) of Anti-Terrorism Act 1997, as under:-

1) Accused Nasarullah Khan is convicted u/s 11-

F(i) of ATA, 1997 and he is sentenced to

undergo for R.I. 06 months and with fine of

Rs.5,000/- and in case of default in payment

of the fine then he shall suffer a Simple

Imprisonment of another 15 days.

2) Accused Nasarullah Khan is also convicted

u/s 11-W(i) of ATA, 1997, r/w section 7(i) of

ATA, 1997, and he is sentenced to undergo for

R.I 05 years and with fine of Rs.10,000/- and

in case of default in payment of the fine then

he shall suffer a Simple Imprisonment of

another 01 month.

The benefit of Section 382-B Cr.P.C. shall be

extended to the above named accused and all the

sentences awarded shall run concurrently.”

Concisely facts of the case are that on 11.11.2018,

complainant SI Muhammad Asim, who was on patrolling duty

received spy information about the presence of the appellant/

accused near Holy Family Hospital, Afridi Shaheed Road, Soldier

Bazaar No.1, Karachi. He was also suspected of possessing inciting

material against Pakistan and was spreading religious hatred. On

receipt of such information, police party reached at the pointed

place and apprehended a person having black colored bag from his

hand, who on inquiry disclosed his name as Nasarullah Khan. The

bag found in his possession contained four magazines of Nawa-eAfghan Jihad, one book titled Rahe Jihad and some other

literature, the said SI prepared such memo of arrest and recovery

at the spot and brought the accused along with recovered property

at police station, where he lodged FIR against the appellant/

accused.

After completing the investigation, challan against appellant

was submitted in the trial Court and the Presiding Officer of the

learned trial Court after completing all legal formalities framed the

charge against the appellant at Ex.3 to which he pleaded not guilty

and claimed to be tried vide his plea available on record at Ex.4.

At the trial, prosecution examined three (03) witnesses. PW-

01 SI Muhammad Asim at Ex.05, he has produced departure entry

at Ex.06, the memo of arrest and recovery at Ex.07, statement u/s

154 CrPC at Ex.08, entry No.14 at Ex.09 and memo of inspection

of the place of incident at Ex.10. PW-02, HC Mehboob Hussain at

Ex.11. Finally, PW-03 Inspector Ali Haider at Ex.12, he has

produced entry No.17, entry No.20, FIR bearing No.145/2018 and

road certificate at Ex.13, 14, 15 and 16, respectively. Thereafter,

vide statement at Ex.18 the APG for the State closed the evidence

side of the prosecution.

Statement of appellant/ accused as required under Section

342 CrPC was recorded at Ex.19, in which he has totally denied

the allegations leveled by the prosecution on him. The appellant

has further stated in his statement that all PWs have deposed

falsely in favour of the prosecution. He has further stated that

nothing was recovered from him and he is innocent and was

arrested in between the night of 9th and 10th November 2018 by

officials of law enforcement agencies in civil dress from his house.

They took away the bag of his daughter which had her assignment

paper and subsequently showed it to had been recovered from him.

Finally, he has prayed for justice. Appellant, however, in support of

his case has produced DW-01 Ghulam Fatima, her wife, at Ex.21,

she deposed that her husband was picked up by some unknown

persons from his house in between the night of 09/10.11.2018 as

well as DW-02 Hamid-ur-Rehman Awan (one of Journalist) at

Ex.22, also deposed in his evidence that on 10.11.2018, he being

Secretary of Karachi Union of Journalists called an urgent meeting

at Karachi Press Club for recovery of appellant one day prior to

alleged incident. Appellant, however, did not record his statement

on oath.

After conclusion of trial, the appellant was convicted and

sentenced as mentioned above by the learned trial Court, hence

the instant appeal.

Mr. Muhammad Farooq, learned counsel for appellant has

argued that the impugned judgment passed by the learned trial

Court is against the law and on facts and that the prosecution

story is false and concocted one and no such incident of recovery

of proscribed books or literatures ever took place as alleged, but

the learned trial Court did not consider these aspects of the case in

this true perspective; that in fact appellant, who is a senior

Journalist, had been taken away by the law enforcement agency

from his house in between the night of 09/10.11.2018 and

subsequently handed over to CTD, who falsely involved him in this

case; that news of arrest of appellant was published in the

Washington Post and Daily Mail, UK, so also, the Karachi Press

Club also issued a press release regarding illegal arrest of the

accused at the hands of law enforcement agency prior to the date

of his alleged arrest shown in the FIR. In this regard he draws

attention of this Court towards the photocopies of the Press

Release issued by Karachi Press Club as well as newspaper

clipping appearing in the said newspaper and was of the view that

appellant was picked up by unknown persons prior to alleged

incident. Therefore, according to him, false implication of the

appellant in this case with due deliberation and consultation

cannot be ruled out; that there is no specific allegation against the

appellant/ accused nor any public witness was associated at the

alleged incident. Appellant, however, did not record his statement

on oath.

After conclusion of trial, the appellant was convicted and

sentenced as mentioned above by the learned trial Court, hence

the instant appeal.

Mr. Muhammad Farooq, learned counsel for appellant has

argued that the impugned judgment passed by the learned trial

Court is against the law and on facts and that the prosecution

story is false and concocted one and no such incident of recovery

of proscribed books or literatures ever took place as alleged, but

the learned trial Court did not consider these aspects of the case in

this true perspective; that in fact appellant, who is a senior

Journalist, had been taken away by the law enforcement agency

from his house in between the night of 09/10.11.2018 and

subsequently handed over to CTD, who falsely involved him in this

case; that news of arrest of appellant was published in the

Washington Post and Daily Mail, UK, so also, the Karachi Press

Club also issued a press release regarding illegal arrest of the

accused at the hands of law enforcement agency prior to the date

of his alleged arrest shown in the FIR. In this regard he draws

attention of this Court towards the photocopies of the Press

Release issued by Karachi Press Club as well as newspaper

clipping appearing in the said newspaper and was of the view that

appellant was picked up by unknown persons prior to alleged

incident. Therefore, according to him, false implication of the

appellant in this case with due deliberation and consultation

cannot be ruled out; that there is no specific allegation against the

appellant/ accused nor any public witness was associated at the

time of alleged arrest of the appellant from the busiest place of

Karachi viz. M.A. Jinnah Road in front of Holy Family Hospital;

that investigating Officer has also not collected any evidence

against the appellant being member or supporter of any proscribed

organization or persons nor had he published or glorified any

proscribed organization in his publication, as he is Journalist by

profession. Per learned counsel the appellant has no criminal

record and there is no direct evidence against him; that there are

major flaws and dents in the prosecution case, as according to him

neither the appellant is writer, author, publisher or printer of the

alleged books/ magazines or he was spreading the hatred material

among the public; that appellant is a lover of Pakistan. Therefore,

he prayed that this appeal may be allowed and the appellant may

be acquitted from the charge.

Conversely, Mr. Abdullah Rajput, learned Deputy Prosecutor

General Sindh has supported the impugned judgment by arguing

that impugned judgment passed by the learned Presiding Officer of

the trial Court is perfect in law and on facts and submits that after

registration of FIR, JIT was constituted, which thoroughly

interrogated the appellant and after gathering entire information

from all the sources, the appellant was declared “black”; that the

appellant is well connected to the commission of crime being

facilitator of Khalid Makashi, a terrorist of proscribed organization

Al-Quaida and the four magazines “Nawa-e-Afghan Jihad” one

book in the name of “Rah-e-Jihad”, one book in the name of

“Punjabi Talban” and other literature had been recovered from the

appellant and this act of appellant has incited hatred and projected

persons and proscribed organization to commit terrorist activities;

that all the prosecution witnesses have supported the prosecution

case and that the appellant has not brought on record any enmity

with the complainant or prosecution witnesses, therefore,

according to him, this appeal merits no consideration and the

same may be dismissed.

We have heard the learned counsel for the parties at a

considerable length and perused the evidence and documents so

made available before us.

10.

It is noted that the whole prosecution case revolves around

the evidence of three witnesses i.e. (i) complainant ASI Muhammad

Asim; (ii) HC Mehboob Hussain, mashir of arrest and recovery of

appellant and (iii) Inspector Ali Haider who conducted the

investigation of the case. Their evidence and documents so brought

on record have been perused and considered by us with due care.

This case is based upon spy information with regard to availability

of the appellant at Holy Family Hospital by containing different

types

of literatures

against Pakistan Armed

Forces and

Government of Pakistan in his bag. On such information, police

party reached at pointed place and apprehended the present

appellant and recovered black color bag in his hand and on

opening the said bag found literature in shape of eleven books,

which containing incite hatred material. Such memo was prepared

on spot and accused was arrested in presence of police mashirs,

but it is noted that complainant in his cross examination has

admitted that the place of arrest and recovery was populated and

congested area, but despite this fact the complainant did not

bother to associate any independent person from the said area to

witness the event. For the sake of convenience, it would be proper

to reproduce the relevant portion of the cross examination of the

complainant, which reads as under:-

“It is a fact that place of arrest was situated in the thickly

populated and congested area, which also remains busy at

relevant time when the accused was arrested. It is a fact that

there were security guards of Holy Family Hospital, but they

were inside the hospital. We did not see any person while

passing through on foot as vehicles were passing and I did

not ask any person on those vehicles to act as witness of such

recovery.”

No doubt the evidence of the police officials is as good as any other

citizen, however, their evidence must be scrutinized with a greater

degree of circumspection for the reasons that recovery mashirs are

subordinate to complainant and subordinate official is seldom

expected to tell truth in deviation of express or implied instructions

of his superiors. Here in this case, admittedly, the private persons

were available at the place of incident, but they were not cited as a

witness of recovery. No explanation in this regard has been

furnished by the prosecution and so also no efforts were made by

the complainant to secure the independent witness. It is by now

well established principle of law that despite of availability of

independent/neutral witnesses on spot, non examination of such

witnesses draws an inference in view of Article 129(g) of Qanun-eShahadat Order, 1984, that if they had been examined, they would

not have supported the case of prosecution, therefore, non

compliance of provision of Section 103, Cr.P.C. creates doubt in

the prosecution story. In this regard, we are supported with the

cases of Mushtaq Ahmed v. The State reported in PLD 1996 SC

574 and The State through Advocate General, Sindh v. Bashir

and others reported in PLD 1997 SC 408.

11.

The allegations against the appellant are that he being the

facilitator of Khalid Makashi a terrorist of proscribed organization

„Al-Qaedah‟ having possession of a black color bag containing four

magazines “Nawa-e-Afghan Jihad”, one book in the name of “Rahe-Jihad”, one book in the name of “Punjabi Talban” and other

literature at the time of his arrest, but on perusal of record, no

convincing evidence is available on record to show that the

appellant has any nexus with the terrorist of proscribed

organizations. Nothing on record that alleged material so collected

by the recovery officer was authored, printed or published by the

appellant nor even any material is placed on record to show that

accused was member of any proscribed organization. No evidence

on record that the appellant was spreading these material among

the peoples. There is only oral assertion of the prosecution

witnesses which has not been supported by any independent

witness. Merely asserting that appellant has connection with

proscribed organizations is not enough to connect him in this case.

The appellant has denied allegations as leveled against him by the

prosecution in his statement recorded under Section 342, Cr.P.C.

and submitted that he was picked up by some unknown persons

from his house and foisted hatred material against him. In this

regard, the appellant has produced two witnesses namely, Ghulam

Fatima (wife of appellant) as well as one Hamid-ur-Rehman who is

said to be Journalist, supported the case of appellant. These

witnesses were though cross examined before the trial Court, but

they did not shake and the learned trial Court did not take into

consideration this aspect of the case in its true perspective.

12.

The evidence so brought on record by the prosecution

appears to be stereotyped. Investigating officer of the case in his

evidence has deposed that case property was not handed over to

him in sealed condition. He also admitted that none of the

book/journal recovered from the accused, the complainant put his

signature and the alleged material pertains to year 2011-2012, but

this fact has also been ignored by the learned trial Court.

13.

It is pertinent to mention here that on perusal of record

available before us, the alleged case property viz. four magazines of

“Nawa-e-Afghan Jihad”, one book in the name of “Rah-e-Jihad”,

and one book in the name of “Punjabi Talban” along with other

literatures allegedly recovered from the possession of the appellant

were not produced/tendered or exhibited in the evidence by the

prosecution to prove that the alleged material was infact hatred.

Not only this, the alleged recovered material is also not available in

the R&Ps of the trial Court. When confronted this fact to learned

Deputy Prosecutor General, Sindh for reply, he has no satisfactory

answer with him.

14.

It needs not be said that it is obligatory upon the prosecution

to produce/tender the alleged recovered material from the

appellant before the Court during trial as initial burden lies upon

the prosecution. In absence thereof, it could not be held that the

appellant was carrying alleged recovered material with his person

and the same was recovered from him. It is settled principle of law

that non production of case property in evidence before trial Court

is fatal to prosecution case and destroys its very foundation.

15.

It has vehemently been argued by the learned Deputy

Prosecutor General, Sindh that in this matter Joint Investigation

Team (J.I.T) was also constituted to probe the matter wherein

appellant was found “black”, therefore, conviction awarded to the

appellant may be maintained. We have, however, not felt

persuaded to agree with the learned Deputy Prosecutor General,

Sindh for the reasons that the said J.I.T report was neither

produced in evidence nor brought on record and in absence

thereof, no reliance can be placed on it. Even otherwise, J.I.T

report has no evidentiary value, unless the material on the basis of

which the said report was prepared is produced and proved during

trial.

16.

As regards to the investigation conducted by the

investigation officer in the case in hand, record transpires that

investigation officer not only failed to dig out the source of

publication of alleged recovered material, but also failed to find out

from where the appellant obtained the alleged recovered material.

Needless to say that investigating officer was duty bound to collect

all relevant evidence pertaining to allegation of crime and to dig out

the truth enabling and facilitating the Court to administer justice,

however, it appears that investigating officer has failed to discharge

his duties in the manner as provided under the law. It is also

admitted by investigating officer of the case in his cross

examination that the appellant having no previous criminal record

of any kind. Nothing also on record that appellant was remained

indulge in such type of activities in past.

17.

All discussed above leads us to an irresistible conclusion

that the prosecution remained fail to prove the case against the

appellant beyond the shadow of reasonable doubt while there is no

cavil to the proposition that responsibility to prove its case is

squarely rest upon the shoulders of the prosecution that has not

been discharged successfully in this case and it is settled law that

benefit of each and every doubt is to be extended to the accused

and that only a single reasonable doubt qua the guilty of the

accused is sufficient to acquit him of the charge. Even as per

saying of the Holy Prophet (P.B.U.H.) the mistake in releasing a

criminal is better than punishing an innocent person. Same

principle was also followed by the Hon‟ble Supreme Court of

Pakistan in the case of Ayub Masih v. The State [PLD 2002 SC

1048], wherein, at page 1056, it was observed as under:-

“It will not be out of place to mention here that this rule

occupies a pivotal place in the Islamic Law and is enforced

rigorously in view of the saying of the Holy Prophet (P.B.U.H.)

that the “mistake of Qazi (Judge) in releasing a criminal is

better than his mistake in punishing an innocent.”

In view of the above, we accept/allow this Special Criminal AntiTerrorism Appeal No.348 of 2019, set-aside the conviction and

sentence recorded by the learned trial Court through impugned

judgment and acquit the appellant Nasarullah Khan son of Nazir

Ahmed from the above charge. He is in custody, therefore, jail

authorities are directed to release the appellant forthwith, if he is

not required in any other case.

18.

This appeal was heard and allowed by us after hearing the

arguments of learned Counsel for the parties in open Court on

08.04.2020 and these are the detailed reasons thereof.

JUDGE

Faizan A. Rathore/PA*

For more information call us 0092-324-4010279 Whatsapp Dear readers if u like this post plz comments and follow us. Thanks for reading .as you know our goal is to aware people of their rights and how can get their rights. we will answer every question, so we need your help to achieve our goal. plz tell people about this blog and subscribe to our youtube channel and follow us at the end of this post.