Law:

Section:

(a) Criminal Procedure Code (V of 1898)------Ss. 526 & 561-A---Anti-Terrorism Act (XXVII OF 1997), Ss.7 & 23---Penal Code (XLV of 1860), Ss.353, 427, 435, 337-F(v), 147, 148 & 149---Assault or criminal force to deter public servant from discharge of his duty, mischief, causing hashimah, rioting, common object---Application for transfer of case from the court of Judge Anti-Terrorism to ordinary court---In order to satisfy and to determine, whether case was triable by the Anti-Terrorism Court or the normal court, it was essential to have a glance over the allegations made in the F.I.R.---Court was also to evaluate whether ingredients of offence had any nexus with the object of case as contemplated under Ss.6, 7, 8 of the Anti-Terrorism Act, 1997---Whether a particular act was an act of terrorism or not, the motivation, object, design or purpose behind the said act was to be seen and that the said act had created a sense of fear and insecurity in the public; or any section of the public or community or in any sect---Striking of terror was sine qua non for the application of the provisions as contained in S.6 of Anti-Terrorism Act, 1997, which could not be determined without examining the nature, gravity and heinousness of the alleged offence---In the present case, it was manifesting from the allegation raised in the F.I.R., that a crowd simply gathered to collect their "Watan Card", which had shown that there was no preplanned concert or intention to attack the Police---Public gathered for collection of 'watan card' were not armed with any weapon, except the allegation that they attacked upon the Police party through lathis---Due to some delay or mismanagement, mob infuriated under some kind of frustration and they broke the queue, but no efforts were shown to have been made by the Police to disperse the mob though they had an option to use tear gas to diffuse the public pressure, if any---Possibility of some untowards incidents, in such type of events, could not be ruled out, where people gathered/assembled in a large scale---In order to avoid any mishap or calamity, it was the responsibility of organizers to ensure and make proper and swift…

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