Friday, 10 August 2012

Can a child be trialed under anti terrorism law

Anti terrorism court has power to try a child under the age of 15 years. This principle is laid down in this judgment of peshawar high court.


                                                                       
  Citation Name  : 2007  PCRLJ  1011     PESHAWAR-HIGH-COURT-NWFP
  Side Appellant : MERAJ HUSSAIN
  Side Opponent : JUDGE, ANTI-TERRORISM, NORTHERN AREAS, GILGIT
                       
                        ---S. 324/34---Anti-Terrorism Act (XXVII of 1997), Ss.6/7---Juvenile Justice System Ordinance (XXII of 2000), S.4---Constitution of Pakistan (1973), Art.199---Constitutional petition---Trial of juvenile offenders by Anti-Terrorism Court---Jurisdiction---Later law promulgated by Juvenile Justice System Ordinance, 2000, did not curtail or limit the power of Anti-Terrorism Court pertaining to the trial of a "child ", but had further regularized the same, as the said Ordinance would work in addition to and not in derogation of any other law for time being In force---"child " as defined in Juvenile Justice System Ordinance, 2000, involved in a case of terrorism as defined in Anti-Terrorism Act, 1997, could legitimate ly be tried by a Court established under Anti-Terrorism Act, 1997, and the provisions contained in Juvenile Justice System Ordinance, 2000, would not affect the trial of a "child " by the Anti-Terrorism Court---Impugned order passed by the Anti-Terrorism Court dismissing the application of accused for their trial by a Juvenile Court, was consequently upheld---Constitutional petition was dismissed accordingly. 2005 MLD 1028 dissented from.

No comments:

Post a Comment

Contact International Lawyer

If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880