The Sindh High Court has set aside an anti- terrorism court’s order with regard to the trial of an applicant, who were booked for stealing oil from a pipeline, observing that the stealing of oil from the pipeline does not fall within the ambit of anti-terrorism law.
Applicant Hassan Ali and two others were booked by the police for stealing oil from Pak Arab Refinery Limited by the Korangi police.
The applicants had earlier challenged the implication of an anti-terrorism clause in the case and submitted that their case does not fall within the ambit of an anti-terrorism court, which was declined by the ATC.
One applicant challenged the trial court order and requested the high court to set aside the trial court findings and order shifting the trial proceedings to a sessions court under the law.
An SHC’s division bench headed by Justice Omar Sial, after hearing the arguments of the counsel, observed that theft of oil in manner complained of many fall within the category of organized crime but cannot be termed as looting as envisaged by the anti-terrorism law.
The court observed that legislature has comprehensively covered the theft of oil in the Pakistan Penal Code and offence carries stringent penalties.
The court observed that it does not see any reason to include the theft of oil within the ambit of terrorism.
The court set aside the trial court order and directed the trial court to transfer the trial proceedings of the applicant to the sessions court of the concerned district.
