ASLAM SURHIANI and another vs The STATE
This appeal challenges the conviction and sentencing of the appellants, Aslam Surhiani and Muhammad Suleman, by the Anti-Terrorism Court, Hyderabad, for an offense under the Anti-Terrorism Act, 1997. The appellants were convicted for their alleged involvement in a kidnapping case registered under the Pakistan Penal Code 1860, following the recovery of a vehicle and subsequent police investigation. The trial court sentenced both appellants to life imprisonment along with the forfeiture of their movable and immovable properties, granting them the benefit of Section 382-B of the Code of Criminal Procedure 1898. The prosecution's case rests on a sequence of events involving the recovery of a stolen vehicle, the registration of an FIR, and a subsequent police operation based on intelligence reports regarding the whereabouts of an abductee. The matter concerns the sufficiency of evidence and the legality of the conviction under the Anti-Terrorism Act, 1997, specifically regarding the application of terror-related charges in the context of the alleged abduction.
- Does the recovery of a vehicle and subsequent police intelligence regarding an abductee satisfy the requirements for a conviction under Section 7(e) of the Anti-Terrorism Act 1997?
- Is the forfeiture of movable and immovable property a mandatory sentence for a conviction under Section 7(e) of the Anti-Terrorism Act 1997?
- Can the benefit of Section 382-B of the Code of Criminal Procedure 1898 be applied to sentences of life imprisonment imposed under the Anti-Terrorism Act 1997?
- Section 7(e), Anti-Terrorism Act 1997
- Section 382-B, Code of Criminal Procedure 1898
- Section 365, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
' NAZAR AKBAR, J.---The Appellants Aslam Surhiani and Muhammad Suleman alias Zahid filed the instant appeal through Superintendent Central Prison Hyderabad challenging their conviction by the Anti-Terrorism Court, Hyderabad in Special Case No,33 of 2009 by judgment dated 10.05.2012 whereby both the Appellants were convicted under section 7(e) of the Anti-Terrorism Act, 1997 and sentenced to undergo R.I. For imprisonment for life in addition to the forfeiture of their movable and immovable properties. They were given the benefit of section 382-B of Cr.P.C. From their date of arrest i,e, 13.08.2009.
2. Brief facts of prosecution case are as follows: i. On 16.01.2009 at about 09:00 p.m. One Shah Mohammad received a phone call at Tando Mohammad Khan from the office of ACLC Hyderabad that police has found a car parked adjacent to Mahmood Garden Hyderabad at Auto Bhan Road bearing No,AQF-094 Cuore, light green, Model 2008. ii. Immediately, Shah Muhammad along with his driver Muhammad Hussain, cousin Khuda Bux and Rasheed Ahmed Gujjar came to ACLC office Hyderabad and identified the said car belongs to his son Dr. Shah Nawaz Saitho and left for home. Iii. On 17.07.2009 at 23:30 hours Shah Muhammad made a written complaint at police station Hussainabad which was verbatim incorporated in the FIR No,109/2009 under section 365-34, P.P.C. And after registration of FIR car of his son was handed over to the complainant by Hussainabad police and obtained receipt from him, Ex.8/A. iv. On 13.08.2009 SHO P.S Hatri received spy information that 5/6 persons who kept an abductee of crime No,109/2009 of P.S Hussainabad were seen in a car going from Bhanse Colony to Wanki Wasi leading link road near Sham Shung Bungalow. At about 1500 hours the SHO P.S Hatri on informing his superior got assistance of SHO P.S Baldia Wahid Bux Leghari, SHO Tando Jam Nazar Muhammad SPO Balida Sikandar Bhatti ACLC In-charge, ADIB Incharge Ibrahim Pitafi with their staff to follow the lead received from spy. v. At about 1530 on 13.08.2009 hours per Entry No,12 police {{INCOMPLETE CASE}}