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2001 SCMR 883

MUHAMMAD AMIR and another vs THE STATE

Citation2001 SCMR 883
CourtSupreme Court of Pakistan
Case No.Jail Petition No,25 of 2000
Date2001-01-16
Judge(s)Abdul Hameed Dogar, Abdur Rehman Khan
ResultLeave granted

ORDER

1. ' The learned counsel raised the following points for consideration:--

(i) The learned Special Court constituted under the Anti-Terrorism Act had no jurisdiction to try this case, as besides the lack of jurisdiction even the charge under the relevant section of Anti- Terrorism Act had not been framed. The appeal before the High. Court was also not competent on this count as well as the clear bar in the relevant law and the Constitution.

(ii) The offence under section .11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, had not been made out against the petitioner because the record indicates that the abductee had neither been enticed, nor taken by deceitful means or force. Moreover, the eye-witnesses to the abduction were not produced to support the prosecution case on this point.

(iii) The offence under section 10(4) of the Ordinance is also not proved as there was no cogent evidence to support this charge.

2. ' Leave is granted to consider the above points in the light of the relevant law and the evidence on record.

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