IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Mushir Alam 
Mr. Justice Yahya Afridi 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
Civil Petition No.44 of 2019 
(Against order dated 11.12.2018 passed by the 
Peshawar High Court Peshawar in W.P. No.2395-P 
of 2018) 
 
Sadiq Ullah & another  
 
.…Petitioner(s) 
 
 
 
 
 
Versus 
 
The State and another 
….Respondent(s) 
 
For the Petitioner(s): 
 
Mr. Hussain Ali, ASC 
 
 
 
 
 
  
 
 
For the State: 
Malik Akhtar Hussain,  
 
Addl. A.G. KPK 
 
For the Respondent(s): 
Mr. Abdul Fayyaz, ASC 
 
 
Date of hearing: 
27.07.2020. 
 
 
 
 
 
JUDGMENT 
 
 
Qazi Muhammad Amin Ahmed, J.-  Asma Rani, 18/19, a medical 
student, was shot dead at 15:20 p.m. on 27.1.2018 within the remit of 
Police Station K.D.A. Kohat; incident was reported by her brother 
Muhammad Irfan, who blamed the petitioners for the crime; deceased’s 
refusal to tie knot with Mujahid Ullah accused is cited as a motive behind 
the gruesome incident that sent a shock wave throughout the realm. It is in 
this backdrop that the accused were sent to face trial before a Court 
constituted under the Anti Terrorism Act, 1997; the accused pleaded for the 
trial in regular jurisdiction, a request declined by the learned Special Judge 
vide order dated 7.5.2018, upheld by a learned Division Bench of the 
Peshawar High Court vide impugned judgment dated 11.12.2018, vires 
whereof, are being assailed primarily on the ground that notwithstanding 
the shocking nature of the incident, the accused are entitled for a trial in 
regular jurisdiction as the facts and circumstances of the case san nexus 
with “Terrorism” as contemplated by section 6 of the Act ibid; reliance has 
been placed on the case of Ghulam Hussain & others Vs. The State & others 
(PLD 2020 SC 61) wherein this Court has authoritatively settled juridical 
parameters for trial of offences in the special jurisdiction. Learned counsel 
for the respondent has defended the impugned judgment on the ground 
Civil Petition No.44 of 2019 
 
 
2
that the brutality inflicted upon the poor soul and the ensuing aftermaths 
thereof not only devastated a family who lost a brilliant youth but also 
rippled lasting fear that necessitated an appropriate and speedy response, 
being ensured by the Special Court; the learned counsel has also alleged 
threat to the witnesses, vulnerably placed, to argue that remission of the 
case into the regular jurisdiction would obstruct the conclusion of trial.  
2. 
 
Heard. Record perused. 
3. 
 
There are no benign murders nor the aftermaths of violence 
endured by its victims and anguish suffered by their families can be 
euphemistically quantified in an empirical gauge, though the magnitude 
thereof and concomitant loss differently impact the surroundings, 
inevitably to be gripped by fear and shock, however, the intensity of 
brutality and loss of life, consequent thereupon, by themselves do not bring 
a violent act within the contemplated purview of “Terrorism”, a distinct 
phenomena to achieve, through violent means, ends other than settlement 
of personal scores,  therefore, while the tragedy that befell upon the poor 
soul evokes profound shock and deserves to be appropriately visited, on the 
strength of evidence, so as to ensure justice to the family, it nonetheless, 
cannot be equated with “Terrorism” to dock the accused in special 
jurisdiction, therefore, the case is withdrawn from the Court of Judge ATC-I 
Peshawar and entrusted to the learned Sessions Judge Peshawar; he shall 
conclude the trial in jail premises with all convenient dispatch by recording 
evidence of the remaining witnesses. The Chief Secretary, Khyber Pakhtun 
Khaw, shall make arrangements of holding of trial in jail premises. The 
Inspector General of Police, Khyber Pakhtun Khaw, shall ensure safe 
conduct to the witnesses. The impugned judgments are set aside; petition is 
converted into appeal and allowed in the above terms.  
 
 
 
Judge 
 
 
Judge 
 
 
 
 
 
Judge 
Islamabad, the 
27th July, 2020 
Not approved for reporting 
Azmat/- 
