MUHAMMAD WAQAS’ Post

📢 Transfer of Cases to Anti-Terrorism Courts 📢 In a recent ruling (2024 PCrLJ 658), the court clarified the jurisdictional aspect of cases involving firing within court premises. Here's a breakdown of the key points: 1️⃣ **Exclusive Jurisdiction**: Any offense of firing within a court premises falls under the exclusive jurisdiction of the Anti-Terrorism Court as per Entry-4 of the Third Schedule of the Anti-Terrorism Act, 1997. 2️⃣ **Transfer of Cases**: Courts of ordinary jurisdiction have the authority to transfer such cases to the Anti-Terrorism Court. This transfer can occur if the scheduled offense of the Anti-Terrorism Act is attracted from the facts of the case. 3️⃣ **Legal Framework**: The process of transferring cases is governed by provisions such as Section 190 of the Criminal Procedure Code (Cr.P.C.) and Section 23 of the Anti-Terrorism Act, 1997. 4️⃣ **Course of Action**: Depending on the stage of the trial, different procedures may apply. If a question of jurisdiction arises during the trial, the court may send the case directly to the Anti-Terrorism Court. However, if the case is pending trial, it should be transferred to the Anti-Terrorism Court upon the inclusion of the offense in the Third Schedule of the Act. 5️⃣ **Judicial Discretion**: The Anti-Terrorism Court retains the power to decide on its jurisdiction and can transfer the case back to the Court having jurisdiction if deemed necessary. This ruling underscores the importance of adhering to the legal framework when dealing with cases involving offenses within court premises. It ensures the proper administration of justice and upholds the rule of law. #LegalUpdate #AntiTerrorismAct #Jurisdiction #CourtProceedings #RuleOfLaw

Côte d'Ivoire Legal Alert: The Council of Ministers has adopted four draft laws relating to the criminal justice system: 🔹a Bill amending the Criminal Code (Penal Code); 🔹a Bill amending the Code of Criminal Procedure; 🔹a Bill amending Law No. 2015-493 on the Suppression of Terrorism; and 🔹a Bill on Mutual Legal Assistance in Criminal Matters.   These Bills introduce mechanisms such as special seizure measures and investigative techniques; provide a unique and extensive definition of terrorism, with custodial sentences up to life imprisonment; and initiate an extensive reform of mutual legal assistance. Afriwise #criminaljustice #criminallaw #terrorism #lawandlegislation #legalassistance #cotedivoire #prison #investigation

“Pecunia Olet” (Sometimes): A comparative analysis of Italian and UK legislations on combating the infiltration of organised crime into the economy This article conducts a comparative analysis of Italian and UK legislation regarding the infiltration of organised crime into the economy, particularly in light of concerns about weakened judicial cooperation in the post-Brexit era. It evaluates the alignment of legal frameworks on four levels: direct criminalisation of organised crime, the use of anti-terrorism legislation, measures against wealth accumulation through crime, and corporate liability provisions. By examining these civil and common law systems, the study identifies key convergences and divergences, offering insights for enhancing mutual trust and fostering effective international cooperation in combating organised crime within legitimate businesses. #OrganisedCrime #Legislation #Italy #UK #ComparativeAnalysis #PostBrexit #JudicialCooperation #EconomicCrime #CorporateLiability #InternationalCooperation #H3MAnalytics https://lnkd.in/dxuD-if7

The legal precedent outlined in the case of Ali Nawaz vs State elucidates the jurisdictional intricacies surrounding cases involving firing within court premises. According to Entry-4 of the Third Schedule of the Anti-Terrorism Act, 1997, offenses such as firing within court premises are exclusively triable by the Anti-Terrorism Court. Despite being a result of personal vendetta without attracting terrorism charges, such offenses fall within the purview of the Anti-Terrorism Court due to their specific mention in the Act. The transfer of cases from ordinary jurisdiction to the Anti-Terrorism Court hinges on distinct scenarios governed by different legal regimes. If a court of ordinary jurisdiction deems that the scheduled offense under the Anti-Terrorism Act is applicable, it must return the case to the prosecution for presentation before the Anti-Terrorism Court. This is in line with Section 190 of the Criminal Procedure Code (Cr.P.C.), which mandates magistrates to take cognizance only of offenses they are empowered to try or send to a court of sessions. Additionally, the Anti-Terrorism Court can directly take cognizance of offenses under Section 19(3) of the Anti-Terrorism Act, 1997. In cases pending trial, if a question of jurisdiction arises, the court cannot return the case to the prosecution due to the judicial record already in place. Instead, the proper course is to directly send the case from the court of ordinary jurisdiction to the Anti-Terrorism Court. Furthermore, if an offense is included in the third schedule of the Anti-Terrorism Act, 1997 during the pendency of a trial, the case must be immediately transferred to the Anti-Terrorism Court. This applies to cases pending before magistrates, sessions courts, or any other special courts. The Anti-Terrorism Court, despite its designation, retains the authority to determine jurisdiction and may transfer cases back to the court with jurisdiction, as per Section 23 of the Act. Section 346 of the Cr.P.C. empowers magistrates to transfer cases to the court of sessions if lacking jurisdiction. In summary, the legal framework mandates the transfer of cases involving firing within court premises to the Anti-Terrorism Court, with provisions for jurisdictional assessments and potential transfers back to courts with appropriate jurisdiction. References: 1. Ali Nawaz vs State, PCrLJ 658 (2024) 2. Anti-Terrorism Act, 1997 3. Criminal Procedure Code (Cr.P.C.) #wakalatonline #terrorism #ATA

The General’s Lamentation Over The Hasty Release Of Terrorism Suspects. In a bold move to stamp out terrorism from the Nigerian space, Terrorism (Prevention and Prohibition) Act 2022 was enacted. Section 3 (1) and 74 of the Act confer on the Attorney General of the Federation the authority to prosecute Terrorism suspects. Since the Act does not provide for the procedure for trial and prosecution of offenses, a recourse therefore should be had to extant criminal procedure laws (see section 2 [1] of Administration of Criminal Justice Act, 2015). Then, why the delay in prosecuting hordes of Terrorism suspects gallantly arrested by security agencies in Nigeria? Power to Arrest without the Power to Prosecute Read more:https://lnkd.in/epJfaf6M #buokorie #militarylaw #legaleducation #nigerianarmy #hqnigerianarmy #legalnaija #nigerianlawschool #nigerianlawyers #nigeriannavy #nigerianairforce #nigeriansoldier #nigerianarmedforces #armedforcesofnigeria #nigeriannews

*Disclaimer* We use this platform to educate the society with our views and suggestions. https://lnkd.in/gMmbnxpr Crimes against the state are serious offenses that threaten the sovereignty, integrity, and security of a country. In India, these crimes are outlined in the Indian Penal Code (IPC). These include: 1. Treason- It involves acts that betray one's country, typically by aiding enemies or waging war against the state. Treason is governed under Section 121 of the Indian Penal Code(IPC). 2. Espionage- It refers to the act of spying or obtaining secret or confidential information without the permission of the holder of the information, especially for a foreign government. Espionage is governed under Section 3 of the Official Secrets Act, 1923. 3. Sedition- It involves inciting rebellion against the authority of the state, usually through speech, writing, or other means of communication. Sedition is governed under Section 124A of the Indian Penal Code(IPC). 4. Terrorism- It involves the use of violence or threats of violence to create fear and achieve political, religious, or ideological aims. Terrorism is governed under Sections 15 & 16 of the Unlawful Activities (Prevention) Act (UAPA), 1967. 5. Rioting- Rioting involves a violent disturbance of the peace by a crowd. It is governed under Sections 146, 147 & 148 of the Indian Penal Code(IPC). Branding Partner - Createdge #Treason #Espionage #Sedition #Terrorism #StateSecurity #NationalSecurity #IndiaIPC #IndianLaw #AntiNational #CrimesAgainstState #IndiaJustice #LawAndOrder #PublicSafety #Sovereignty #internalsecurity

Landmark judgment, The issue of determining the appropriate trial court in cases involving multiple FIRs lodged under different special enactments (such as the Anti-Terrorism Act, 1997 (ATA), the Control of Narcotic Substances Act, 1997 (CNS Act), and the Offences in Respect of Banks (Special Courts) Ordinance, 1984) has been addressed in various judgments. A landmark judgment by the Lahore High Court that provides clarity on this issue is *ANF Vs M Faizan etc by The Hounourable Justice Ch Abdul Aziz sab. In this judgment, the court emphasized that when an FIR is registered under different enactments, the primary issue is to determine which of the special laws would prevail and, therefore, which court would have the jurisdiction to conduct the trial. The general principle is that the law with a more stringent or specialized procedure would have precedence over the general law. The judgment also dealt with the framing of joint charges. When multiple offences from different special enactments are involved, a joint charge can be framed if the offences arise from the same transaction, and the trial would proceed in the court which has jurisdiction over the most severe or specialized offence. For instance, if the Anti-Terrorism Act is invoked, the Anti-Terrorism Court would have jurisdiction, even if offences under other enactments are involved, provided they are part of the same transaction. The key takeaway from the case is that the determination of jurisdiction is primarily based on the severity and nature of the offences, with specialized courts taking precedence to ensure a streamlined and effective trial process.

The General’s Lamentation Over The Hasty Release Of Terrorism Suspects _By Col BU Okorie (rtd) Esq_ In a bold move to stamp out terrorism from the Nigerian space, Terrorism (Prevention and Prohibition) Act 2022 was enacted. Section 3 (1) and 74 of the Act confer on the Attorney General of the Federation the authority to prosecute Terrorism suspects. Since the Act does not provide for the procedure for trial and prosecution of offences, a recourse therefore should be had to extant criminal procedure laws (see section 2 [1] of Administration of Criminal Justice Act, 2015). Then, why the delay in prosecuting hordes of Terrorism suspects gallantly arrested by security agencies in Nigeria? Read more at https://lnkd.in/dikXEFa9 #buokorie #terrorismact2022 #bridgetedokwe #barristerng

📢UN experts today expressed grave concern about the confirmation of the death sentences against seven individuals by Egypt’s highest court on 24 January 2024, in the so-called "Helwan Brigade” counter-terrorism case. Their executions would constitute arbitrary killings in violation of the right to life as a result of unfair trials and other human rights violations, they said. “Capital punishment may only be carried out after a legal process that guarantees all of the safeguards required by international human rights law,” the experts said. The experts said these cases allegedly involved grave violations of international law, including enforced disappearances and incommunicado detention, torture and forced confessions, denial of access to lawyers and family visits, protracted pre-trial detention, solitary confinement, inhuman detention conditions, and mass trials before special terrorism courts which did not meet fair trial standards. “Egypt has also failed to independently and effectively investigate and remedy these alleged violations as required by international and Egyptian law,” they said. The death sentences further violate international law because they are based on convictions for vague and overly broad terrorist offences, including when these may not meet the threshold of “most serious” crimes. There is also a real risk that executions in practice may constitute prohibited torture or cruel, inhuman and degrading treatment. “We urge Egypt to halt these executions, to independently investigate the alleged human rights violations and review the judicial proceedings in light of Egypt’s international obligations,” the experts said. UN experts have previously called on Egypt to suspend executions following repeated allegations of unfair trials in terrorism cases. “We are profoundly concerned that these cases are not isolated but seem to be part of a systematic misuse of counter-terrorism and national security laws, including to impose the death penalty, which undermines human rights and the rule of law,” the experts said. The experts also urged Egypt to consider abolishing the death penalty, in light of the pro-abolitionist spirit of the International Covenant on Civil and Political Rights and the recommendations of the United Nations Human Rights Committee in 2023. Note: The seven individuals are Magdy Muhammed Ibrahim Ibrahim, Mahmoud Attia Ahmed Abdulghany, Abdulwahab Mostafa Muhammed Mostafa, Musab Abdulhamid Khalifa, Abdullah Nader Al-Sharqawy, Abdulrahman Issa Abdulkhaliq, and Mahmoud Al-Sayed Amin. 🔗 https://lnkd.in/ekwGRWdu

🆕 The International Crimes Database has been updated! The ICD is a publicly accessible online resource maintained by the Asser Institute, which contains over 700 case summaries of international crime cases from international, hybrid and domestic courts. Its newest update includes 7 new case summaries, concerning terrorism-related crimes, and International Criminal Court cases. These include the case of Ahmad al-Y relating to conduct during the Syrian civil war, and the historic Bemba case, one of the first ICC trials focusing on sexual violence as an international crime. This allows the ICD to be your starting point for any online search about international crimes, whether you are a scholar, practitioner, student, etc. 👉 Explore the latest updates in international criminal justice by checking out the new summaries now! ➡️ https://lnkd.in/eSRBNRuD James Patrick Sexton | Christophe Paulussen | Konstantina Karagkouni #ICC #ICL #terrorism #InternationalLaw #ICD #CriminalJustice