186/2024 Cr.Rev RASHID GHAZI S/O GHULAM QADIR (Applicant) V/S THE STATE (Respondent)

186/2024 Cr.Rev RASHID GHAZI S/O GHULAM QADIR (Applicant) V/S THE STATE (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 14-NOV-24

The law allows joint trials/charges for offenses linked by time, place, or motive. The wisdom behind joinder of charges is to avoid conflicting decisions, minimize witness burden, and save court time by combining related offenses into a single trial. Additionally, the "same transaction" test, requiring continuity, intent, and shared design, is crucial. It is important to note that the court while trying any offense under the law as a special court may also try any other offense which an accused may, under the Cr. PC be charged, at the same trial if the offense is connected with such other offense. If in the course of any trial under the law of any scheduled offense, it is found that the accused person had committed, in addition, any other offense connected with the scheduled offense, the special court may pass the order for such other offense as authorized by the law or as the case may be such other law. To understand the Anti-Terrorism Act, 1997 (ATA), we first examined its legislative intent as expressed in the preamble, which for convenience sake is referred to here under:- ??? whereas it is expedient to provide for the prevention of terrorism, sectarian violence and for speedy trial of heinous offenses and for matters connected therewith and incidental thereto.???