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2012 PLD 122 QUETTA-HIGH-COURT-BALOCHISTAN MUHAMMAD RASOOL VS STATE
12,October,2021

S. 12 & Preamble—Jurisdiction, determination of—Essentials—While determining jurisdiction it would be necessary to examine that the ingredients of the alleged occurrence have nexus with the object of the Anti-Terrorism Act, 1997, for determining whether a particular act is an act of terrorism or not, the motivation, object, design or purpose behind the same has to be seen—In case of any doubt with regard to the meaning of any particular provision, the Preamble of the Act may be considered to arrive at the proper conclusion—Preamble of Anti Terrorism Act, 1997, clearly manifests that the same has been promulgated to control the acts of terrorism, sectarian violence and other heinous offences as defined in S.6 of the said Act.

Preamble & S.32—Juvenile Justice System Ordinance (XXII of 2000), Preamble & S.14—

Distinguishing features of the two enactments—Under. Anti-Terrorism Act, 1997, courts acquire jurisdiction if the offence is triable by them, whereas under Juvenile Justice System Ordinance, 2000, courts acquire jurisdiction if offenders are juvenile, irrespective of the nature of offence committed by them–Provisions of Anti-Terrorism Act, 1997, under its S.32 have the overriding effect over all other laws including the Juvenile Justice System Ordinance, 2000, whereas under S.14 of said Ordinance its provisions shall be in addition to and not in derogation of any other law for the time being in force.

 

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