Law: Anti Terrorism Act, 1997

Section: 2(t),13,17,21-M

Law: Criminal Procedure Code (V of 1898)

Section: 195,561A

Law: Pakistan Penal Code, 1860

Section: 34,182,343,365A,386,395

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Preamble, Ss.2(t), 13, 17 & 21-M---Penal Code (XLV of 1860), S.182---Giving false information with intent to cause public servant to use his lawful power to cause injury to another person---Purpose of enactment of Anti-Terrorism Act, 1990---Powers of Anti-Terrorism Court to try a person accused of offence under S.182, P.P. C. ---Scope---Anti-Terrorism Act, 1990 which provided for the establishment of Anti-Terrorism Court as evident from its preamble, was enacted for the prevention of terrorism, sectarian violation and speedy trial of heinous offence and for matters connected therewith and incidental thereto---Purpose of establishment of Anti-Terrorism Court as envisaged in S.13 of Anti-Terrorism Act, 1997 was to provide a court for speedy trial of scheduled offences---"Scheduled offence" as defined by S.2(t) of Anti-Terrorism Act, 1997 was an offence as set out in the Third Schedule of the Ordinance---Anti-Terrorism Court, while trying an accused of a scheduled offence could also try such person for an offence which did not find mention in the scheduled of offences by trying it as a matter connected and incidental to a schedule offence as envisaged under S.21-M of the Act---Anti-Terrorism Court had no jurisdiction to try an accused for an offence which did not find mention in the schedule of offences---Offence under S.182, P.P. C., did not find mention in the scheduled offences to Anti-Terrorism Act, 1997, his trial before the Anti-Terrorism Court appeared to be without jurisdiction. ? Rathinam Pillai v. Emperor AIR 1932 Madras 427; Mst. Rani Begum v. Murad Bibi and another 2002 MLD 459; Haji Muhammad and another v. Noor Hussain Alwani 1993 PCr.LJ 767; Qutub Din v. The State and another 2002 PCr.LJ 366; Maulana Muhammad Ryas Qadri v. Superintendent of Police, Haripur District 2005 PCr.LJ 623; Muhammad Murad v. The State 1983 PCr.LJ 1097; Muhammad Anwar v. The State 2000 YLR 2595 and Fazal Dad v. Col. (Rtd.) Ghulam Muhammad Malik PLD 2007 SC 571 rel. (b) Penal Code (XLV of 1860)--- ----S. 182---Criminal Procedure Code (V 4 1898), Ss.195 & 561-A---Giving false information with intent to cause. public servant…

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