Case Details

Citation(s)
2002 SLG 2459 2002 SLD 2459 2002 PLD 311
Sindh High Court
Criminal Revisions Nos. 181, 146 and 165 to 174 of 2001, decided on 6th February, 2002.
GHULAM NABI SOOMRO AND ATA-UR-REHMAN, JJ

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FARHAN ZAFAR and others--Applicants

VS

THE STATE

Law:

Section:

Anti-Terrorism Act (XXVII of 1997)-- ----S. 6 & Sched. [as substituted by Anti-Terrorism (Amendment) Ordinance (XXXIX of 2000)]---Criminal Procedure Code (V of 1898), S. 439--­Jurisdiction of Special Court---Offences of vehicle snatching and criminal trespass (illegal Qabza) involved in the revision petitions were not covered by the Anti-Terrorism Act, 1997, after the promulgation of the Anti-­Terrorism (Amendment) Ordinance, 2001 and the same were no more triable by the Anti-Terrorism Courts---Said offences were now triable by the Courts of Sessions or such other Courts of competent jurisdiction---Impugned order passed by the Anti-Terrorism Court refusing to transfer the cases to the Sessions Court were consequently set aside being not in accordance with law and the cases were ordered to be transferred to the respective Sessions Courts for further proceedings in accordance with law---Revision petitions were accepted accordingly. JUDGMENT GHULAM NABI SOOMRO, J.--By this common order we propose to dispose of Criminal Revisions Nos. 181, 146 and 165 to 174 of 2001. The aforesaid criminal revisions have been preferred against the orders passed on different dates during the months of August and September, 2001, by the learned Anti-Terrorism Court No. III, whereby the prayer of the applicants/accused for transfer of cases relating to vehicle snatching and criminal trespass (illegal Qabza) to the Court of Session was declined. It is contended by learned counsel for the applicants that in view of Anti-Terrorism (Amendment) Ordinance, 2001 (Ordinance XXXIX of 2001). promulgated on 14-8-2001, the offences involved in these revisions have been deleted and are no more triable under the Anti-Terrorism Act (XXVII of 1997) (hereinafter to be referred as the Act); hence the aforesaid cases are to be tried by a Court of Session or any other competent Court of law. It is, therefore, urged that the cases be transferred to the competent Court having jurisdiction as the same were covered by section 39-B(2)(e) of the Act. Mr. Habib Ahmed learned A.A.-G., has not controverted the above contentions. Initially the cases of vehicle snatching and criminal trespass (illegal Qabza)…
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