ANTI TERRORISM ACT 1992

Section 2(2)(Ka)—

As there is no evidence of creating disorder or lawlessness or any terror in the alleged shop the prosecution has not been able to bring home the charge against the accused beyond all reasonable doubt.

Nuruddin Ahmed Sajal v State 1 BLC 33

Sections 2(2)(Cha) and 4—

As there is no allegation that the respondents committed any terrorist activities or assaulted or did any overt act for which it could be said that any offence under section 2(2) (Cha) of Anti- Terrorism Act have been made out calling for framing a charge under section 4 of the said Act.

State vs Abdul Kadir and others 2 BLC (AD) 137

Sections 4 and 5—

Attempt to realise ‘chanda’ (donation) from a person is not an offence within the meaning of “Anti-Terrorism’ Act, Under section 5 of the Act abetment has been made an offence but to realise any money in the form of chanda (donation) or otherwise has not been included within the definition of the offence.

Nuruddin Ahmed Sajal vs State 1 BLC 33

Section 5—

Section 5 of the Anti- Terrorism Act, 1992, abetment has been made an offence but attempt to realise any money in the form of chanda (donation) or otherwise has not been included within the definition of the offence. It is not well settled that in a special law an offence must be bspecifically provided. An attempt to realise chanda (donation) from a person is not an offence within the meaning of the “Anti-Terrorism Act” and the charge levelled against the petitioner is quashed.

Nuruddin Ahmed Sajal vs State 1 BLC 33.

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