This provision relegates the intent underpinning an act to secondary importance - its sole focus is that the
actus reus i.e the use of fire-arms, explosives or any other weapon in any action falling within section 6(2),
which consists of a vast list of acts, should be established. As a result, all acts of violence committed with
a firearm, even those resulting from personal enmity or disputes, are classified as acts of terrorism.
The effect of section 6(3) is to expand the ATA’s jurisdiction from a more general, public
domain, to potentially regulating private acts occurring between individuals, that have traditionally been prosecuted under Pakistan’s general criminal law. It is necessary to critically analyze whether the legislative intent underpinning the law envisaged for it to encompass such a
broad range of acts.
ORDINARY CRIMES TRIED BY THE ATCs DUE TO
VAGUE & OVER-BROAD DEFINITION OF TERRORISM
Section 6 | In this Act, ‘terrorism’ means the
use or threat of action where an action:
ATA SECTION
ORDINARY CRIME THAT
MAY FALL UNDER IT
2(a) Involves the doing or
anything that causes death
Accidental death during
armed robbery
2(c) Involves grievous damage to
property including government
premises, security installations,
schools, hospitals, offices or any
other public or private property
including damaging property by
ransacking, looting or arson, by
any other means
Damaging a car during
protests by throwing stones
2(e) Involves in kidnapping for
ransom, hostage taking or
hijacking
Kidnapping someone to raise
money, not to fund terrorist
organisation
2(p) Involves in dissemination,
preaching ideas, teachings &
beliefs as per own interpretation... without explicit approval
of the government
Friday sermons/ general
discussions on TV etc
TRIAL AND TERROR
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