29/03/2024
THE LAHORE HIGH COURT, LAHORE
JUDICIAL DEPARTMENT
Crl. Revision No.24470/2023
Aqeel alias Kaka, etc. vs
In this case, it is own case of the prosecution that accused persons
committed the occurrence when victim of the case came out from the court and
reached on the road, so, accused persons neither went inside the court premises
for committing the occurrence nor made firing upon the victims when they
were inside the court premises. It goes without saying that intention or
mens rea i.e. guilt intention is inferred from the acts, facts and circumstances.
Hence, prima-facie, there was no intention of the accused persons to target the court or victims in the court premises. It is not mentioned in the Crime Report (F.I.R.) that accused made firing at the court premises and the fire shots hit wall of the court room or its boundary wall, however, it is claim of prosecution that as per site plan of the place of occurrence, some signs of hitting of bullets at the court premises have been shown but perusal of the site plan reflects that signs of hitting some bullets are shown at the outer wall of the court room situated at the upper storey and at the outer side of the boundary wall of Katchery, Ferozewala. So, by no stretch of the imagination, it cannot be said that firing was made in the court or for targeting or hitting the court premises rather it has been clearly mentioned in case diary No.107 dated: 23.03.2023 written by Muhammad Saleem, Inspector (Incharge Investigating) in the case that there was previous litigation and grudge (رنجش) between complainant party and accused persons. So, this occurrence took place outside the court premises and due to previous enmity/vendetta, hence, occurrence neither constitutes offence of terrorism as defined under Section: 6 of the Anti-Terrorism Act, 1997 and punishable under Section: 7 of the Act ibid nor falls in the Schedule 3 of the Act, ibid for the purpose of trial by Anti-Terrorism Court. Thus, Anti-Terrorism Court, Lahore fell into legal error while holding through impugned order that this case is triable by Anti-Terrorism Court.
In view of what has been discussed above, impugned order is not
sustainable in the eyes of the law; therefore, same is hereby set-aide and case is ordered to be sent to the court of plenary jurisdiction i.e. Sessions Court, Lahore for trial in accordance with law, expeditiously. Instant revision petition stands accepted/allowed.
(AALIA NEELUM) (FAROOQ HAIDER)
JUDGE
JUDGE
Announced in open Court on 28.03.2024.
(AALIA NEELUM) (FAROOQ HAIDER)