Law: Penal Code (XLV of 1860)

Section: 365-A/302/34/109

Law: Anti Terrorism Act, 1997

Section: 7,6

Penal Code (XLV of 1860)--- ----Ss. 365-A/302/34/109---Anti-Teirorism Act (XXVII of 1997), Ss.7 & 6---Revision---Application of accused, who claimed himself to be a "child" for transfer of his case to a Juvenile Court for trial, was dismissed by the Anti-Terrorism Court by means of the impugned order---Specific "design" or "purpose" contemplated by the provisions of S.6(1)(b) or (c) was not discernible from the F.I.R. and the case, thus, was not one of "terrorism" as envisaged by S.6 of the Anti-Terrorism Act, 1997 arid the same .was to be tried by a Court of ordinary jurisdiction---Question of juvenility of the accused vis-a-vis the forum of his trial, therefore, was irrelevant as the case was now to be sent to a Court of ordinary jurisdiction and if the accused was a juvenile then such Court had to be a Juvenile Court and no other Court---Impugned order was consequently set aside with the direction to Anti-Terrorism 'Court to transmit the record of the case forthwith to the Court competent to try the case of accused---Revision petition was allowed accordingly. Mazhar v. The State PLD 2003 Lah. 267 ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- The petitioner is an accused person in case F.I.R. No. 126 registered at Police Station Race Course, Lahore on 15-4-2002 for an offence under section 365-A, P.P.C. During the investigation sections 302/34/109, P.P.C. and section 7 of the Anti-Terrorism Act, 1997 were added to the F.I.R. After the submission of challan the learned Judge, Anti-Terrorism Court No. II, 'Lahore is presently seized of the trial of that case. An application had been submitted by the petitioner before the learned Judge, Anti Terrorism Court No. II, Lahore seeking transfer of the petitioner's case to a Juvenile Court for holding a trial of the petitioner as the petitioner had claimed himself to be a "child" within the purview of the Juvenile Justice System Ordinance, 2000 but that application of the petitioner was dismissed by the leaned Judge, Anti-Terrorism Court No. II, Lahore vide order, dated 9-7-2003. Hence, the present revision petition before this Court. 2. We have heard the learned counsel for the parties…

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