Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302---Anti-Terrorism Act (XXVII of 1997), S. 6---Criminal Procedure Code (V of 1898), S. 169---Constitution of Pakistan, Art.185(3)---Qatl-e-amd---Leave to appeal was granted by Supreme Court to consider the contention of accused that case registered against him did not fulfil criteria laid down under S.6 of Anti-Terrorism Act, 1997, for the purpose of trial by Special Judge, as no lethal firearms were used by accused and other persons and it was a usual free fight between two factions, which had taken place at the spur of moment without any previous criminal intimidation; furthermore pistol was used by one accused who had been discharged by prosecution under S.169, Cr.P.C. (b) Penal Code (XLV of 1860)--- ----S. 302---Anti-Terrorism Act (XXVII of 1997), S.6---Criminal Procedure Code (V of 1898), S.173---Qatl-e-amd---'Terrorism'---Assumption of jurisdiction---Scope---Transfer of proceedings---Four accused one armed with pistol, one with knife and remaining with sticks attacked complainant party in consequence of which one person died and one received injuries and the case was transferred to Special Court of Anti-Terrorism for trial---Validity---No motive was alleged in F.I.R. against accused and police after due investigation submitted Challan/report under S.173, Cr.P.C. before Court of Sessions who entrusted to Additional Sessions judge who transmitted it to Special Court established under Anti-Terrorism Act, 1997---Supreme Court directed to transmit the record of case to Trial Court and set aside the passed by High Court---Appeal was allowed. Zainullah v. Special Judge Anti-Terrorist Court 2001 SCMR 1225; Bashir Ahmed v. State PLD 2009 SC 11; Basharat Ali v. Special Judge, Anti-Terrorism Court-II PLD 2004 Lah. 199; Bashir Ahmed v. Naveed Iqbal and others PLD 2001 SC 521 and Muhammad Mushtaq v. Muhammad Ashiq and others PLD 2002 SC 841 rel. M. Riaz Ahmed, Advocate Supreme Court/Advocate-on-Record for Appellant. Nemo for Respondents. Tahir Iqbal Khattak, Additional P.-G., Balochistan for the State. Tariq Mehmood, Senior Advocate Supreme Court for the Applicant (in Criminal M.A. No. 143 of 2005). Date of hearing: 21st…

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