GHULAM HUSSAIN Versus HAIDER ALI alias HAIDRI
This matter concerns an appeal filed by a private complainant, Ghulam Hussain, against an acquittal judgment passed by the Anti-Terrorism Court in a case involving charges under the Explosive Substance Act, 1908. The core legal question addressed is whether a private complainant possesses the locus standi to challenge an acquittal judgment rendered by an Anti-Terrorism Court. The court held that under the specific statutory framework of the Anti-Terrorism Act, 1997, an appeal against an acquittal can only be filed by designated state officials, such as the Attorney-General, Deputy Attorney-General, Standing Counsel, an Advocate-General, or a Public/Special Prosecutor appointed for this purpose. The court determined that the appellant, acting in his private capacity, lacked the legal competence to initiate such an appeal. Consequently, the court established the principle that the right of appeal against acquittals under the Anti-Terrorism Act, 1997, is strictly confined to the state-appointed prosecutors, thereby rendering any appeal filed by a private individual in such proceedings incompetent and liable to dismissal.
- Does a private complainant have the legal standing to file an appeal against an acquittal judgment passed by an Anti-Terrorism Court?
- Who is authorized to file an appeal against an acquittal under the Anti-Terrorism Act, 1997?
- Is an appeal filed by a private individual against an acquittal under the Anti-Terrorism Act, 1997, maintainable?
- Section 417, Code of Criminal Procedure 1898
- Section 4, Explosive Substance Act 1908
- Section 25(3), Anti-Terrorism Act 1997
- Section 25(4), Anti-Terrorism Act 1997
ORDER
Ghulam Hussain appellant has directed this appeal under section 417, Cr.P.C. against the judgment dated 5‑6‑2003 passed by the Judge Anti‑Terrorism Court No.2 Multan whereby he acquitted Haider Ali alias Haideri and Abdul Khaliq alias Khalidi accused‑respondents in case F.I.R. No.354 of 2002 Police Station Saddar Arif Wala District Pakpattan under section 4 of the Explosive Substance Act, 1908 on the statement of Ghulam Hussain appellant recorded by Muhammad Rafique Inspector S.H.O. P.S. Saddar Arif Wala.
2. The respondents were tried under the Anti‑Terrorism Act, 1997 the judgment of Anti‑Terrorism Court in case of conviction may be challenged in appeal by the convict under subsection (3) of section 25 within seven days of the passing of the sentence and in case of acquittal it is the Attorney‑General, Deputy Attorney‑General, Standing Counsel or an Advocate‑General or an Advocate of the High Court or the Supreme Court of Pakistan appointed as Public Prosecutor or Special Prosecutor is competent to file an appeal under subsection (4) of section 25 of the said Act. Ghulam Hussain complainant is not competent to file this appeal in his private capacity as such this appeal is held to be incompetent. Accordingly it is dismissed.
H.B.T./G‑93/L Appeal dismissed.