Find a Lawyer

BASHIR AHMED versus THE STATE

Section 10 (4) Anti-Terrorism Act (XXVII of 1997), Sections 7 and 30 Criminal Code of Conduct (V9 1898), Section 374 Constitution of Pakistan (1973), Article 185 Appeal against criminal rape Mass rape in Federal Shariah Court Under the jurisdiction of. In 1999, the trial of this crime was heard by a special court established under the Anti-Terrorism Act 1997, and, the accused were sentenced to death. The court held that neither the special court had the jurisdiction to prosecute the crime nor the High Court had any right to hear the appeal, since the jurisdiction of such cases is only in favor of the Federal Shariat Court where the Anti-Terrorism Act. The crime was committed after the 1997 publication. In the Gazette, a court established under the Anti-Terrorism Act, 1997, has exclusive jurisdiction to prosecute the accused, and no other court has imposed it. In the present case, the delinquency was committed between 21 and 22 December 1999, therefore, the court was constituted under the Anti-Terrorism Act, 1997. It had jurisdiction to prosecute the crime and was able to retain an appeal before the High Court on a reference under Section 747474, CRPC, which proceeded on the basis of section 3030 of the Anti-Terrorism Act, 19973030. Was applied. The courts were not open to any exceptions that showed a fair assessment of the evidence according to the principles resolved by the Supreme Court examining the evidence for safe transfer of justice in criminal cases under which The Supreme Court refused to intervene in the sentence passed by the courts. Appeal dismissed top advocate from FR Kohat lawyer