PESHAWAR: The Peshawar High Court (PHC) has ruled that cases of kidnapping for ransom under Section 365-A of the Pakistan Penal Code fall within the jurisdiction of Anti-Terrorism Courts, as the offence is included in the Third Schedule of the Anti-Terrorism Act, 1997.
A two-member bench comprising Justice Mudasir Amir and Justice Aurangzeb dismissed petitions filed by four accused in the Dr Warda Mushtaq murder case from Abbottabad, upholding the decision of the Anti-Terrorism Court (Hazara region).
The petitioners had requested the court to remove Section 7 of the Anti-Terrorism Act from the FIR and transfer the case to a regular criminal court, arguing that the matter did not fall within the scope of terrorism-related offences.
The court, however, in its detailed 16-page judgment, held that the jurisdiction of Anti-Terrorism Courts is not limited only to offences that meet the definition of terrorism under Section 6 of the ATA. It also extends to offences listed in the Third Schedule of the Act.
The bench observed that kidnapping for ransom is a serious offence that undermines public safety, human liberty, and social order. For this reason, the legislature deliberately included Section 365-A of the Pakistan Penal Code in the Third Schedule, bringing it under the special jurisdiction of Anti-Terrorism Courts.
The judgment clarified that while not every kidnapping for ransom case constitutes terrorism in the strict sense, especially those driven by personal enmity, financial gain, or private revenge, it remains triable by an Anti-Terrorism Court due to its inclusion in the schedule.
According to case details, Dr. Warda Mushtaq was allegedly taken from a hospital on December 4, 2025, by her friend Rida Waheed under the pretext of a visit home. The accused allegedly demanded the return of 67 tolas of gold. Her body was later recovered on December 8 from a forested area in Laila Banota, Abbottabad.
An FIR was initially registered at Cantt Police Station, Abbottabad, on the complaint of the victim’s father, citing multiple sections of the Pakistan Penal Code and Section 7 of the Anti-Terrorism Act. Section 302 (murder) was later added to the case.
