Law: Pakistan Penal Code, 1860

Section: 364,324,395,147,148

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 17

Law: Anti Terrorism Act, 1997

Section: 7,23,6

Constitution of Pakistan (1973)--- ----Art 199---Penal Code (XLV of 1860), Ss.364, 395, 324, 147 & 148---Anti-Terrorism Act (XXVII of 1997), S.7---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17---Constitutional petition---`Terrorism'---Transfer of case from Anti-Terrorism Court to Court of ordinary jurisdiction---Petitioners/accused, allegedly along with his co-accused, while taking revenge of their defeat in election, attacked complainant party in the office of Union Council, which was not a private place and they also chopped off nose of the victim and placed it in his hand---Such act was done at `Pulli Tong' of Mauza concerned---Such action allegedly was the message given by petitioners/accused to the public in general that anyone who would contest elections against them, could face a similar treatment, which action definitely would have created terror in the locality---Election dispute could not be termed as a personal dispute as claimed by petitioners as dispute was not confined to two persons or two families as in election matters, many persons were involved---Candidate contesting election had scores of workers who were working actively for him and also had lots of supporters and some had political backing and support of certain vicinities---Terror so created in election disputes, would create feeling of insecurity among public at large and a wave of panic and fear would persist in the area---Alleged action of accused was an act of `terrorism' within purview of Anti-Terrorism Act, 1997---Anti-Terrorism Court, in circumstances, would have jurisdiction to adjudicate the case. Muhammad Mushtaq v. Muhammad Ashiq and others PLD 2002 SC 841 ref. JUDGMENT SH. JAVAID SARFRAZ, J.---Through this petition, the petitioner seeks transfer of case F.I.R. No.160 dated 27-10-2005 under sections 364, 324, 395, 147, 148, P.P.C. read with section 7 of the Anti-Terrorism Act, 1997 and section 17 of the Offences against Property (Enforcement of Hudood) Ordinance, 1979, registered at Police Station Shah Nikdar .District Sargodha, from Anti-Terrorism Court, Sargodha to a court of ordinary jurisdiction. 2. Briefly, the facts of the case as…

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