Law: Anti Terrorism Act, 1997

Section: 6(1)(b),2(d),21-C(4)(7)(c),14(5)

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6(1)(b), 2(d), 21-C(4)(7)(c) & 14(5) [as amended by Anti¬-Terrorism (Second Amendment) Ordinance, 2002]---Juvenile Justice System Ordinance (XXII of 2000), S.5---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Seven accused armed with fire-arms, described in the F.I.R., overpowered gunmen at a jewellery shop in a busy street, in the broad-daylight, robbed the owner of the shop of valuable jewellery and a cash of Rs.3,50,000 and decamped from the spot--- Contentions of the petitioner was that she was a minor and she had to be tried in terms of the Juvenile Justice System Ordinance, 2000 which stipulated separate trial for a child and that even if the Court constituted under the Anti-Terrorism Act, 1997 had jurisdiction to try the present case it could be tried only by a Court constituted under amended S.14(5) of the Anti-Terrorism Act, 1997 and since the "Court" as contemplated under S.14(5) [as amended] had not been constituted on account of the stay order granted by the High Court, Anti-Terrorism Court already functioning in terms of the un-amended Act could not try the case--¬Validity---Story as described in the F.I.R., would prima facie bring the case of the petitioner within the ambit of S.6(1)(b) & 2(d) of the Anti¬-Terrorism Act, 1997 and trial of the case by the Special Court already functioning was not exceptional to Warrant interference--Principles. THIS ORDER PASSED BY: TASSADUQ HUSSAIN JILANI:---.--- Petitioner is one of the accused in a case registered vide F.I.R. No. 230, dated 10-11-2001, under section 395, P.P.C. Police Station Kotwali, District Faisalabad. 2. Through this petition, petitioner has challenged the jurisdiction of the learned Judge Special Court constituted under the Anti-Terrorism Act, 1997, which presently is seized of the trial of the afore-referred case. The grounds urged by the petitioner's learned counsel are as under:-- (i) That the petitioner is a minor and she has to be tried in terms of the. Juvenile Justice System Ordinance, 2000 which stipulates separate trial for a child. (ii) That even if the Court constituted under the Anti-Terrorism Act, 1997…

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