Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 384/ 386/ 506/ 511/ 34---Anti-Terrorism Act (XXVII of 1997), Ss. 6(1), 6(2)(k) &7---Constitution of Pakistan, Art. 199---Constitutional petition---Extortion, extortion by putting a person in fear of death or grievous hurt, criminal intimidation, common intention, demand of extortion money (bhatta)---Petition for quashing of F.I.R. and transfer of case from Anti-Terrorism Court, dismissal of---Allegation against accused persons was that on several occasions they entered a factory and demanded extortion money (bhatta) from its owner; that they threatened to commit murder and set the factory on fire, and that they locked the factory by ousting its workers---Contentions of accused persons were that they were members of a labour union and had been implicated in the case due to enmity, and that offence alleged did not fall within the ambit of S. 6 of Anti-Terrorism Act, 1997, therefore it should be transferred to an ordinary court---Validity---Statements of witnesses under S.161, Cr.P.C. fully corroborated the version in the F.I.R.---Statements of prosecution witnesses under S. 164, Cr.P.C. fully supported the main allegation regarding demand of extortion money (bhatta) and consequences in case of non-compliance---F.I.R. reflected that accused persons duly armed with weapons entered into the factory premises and demanded extortion money on several occasions and also locked the factory by ousting its workers, which linked with the definition of terrorism provided in Ss. 6(1) and 6(2)(k) of Anti-Terrorism Act, 1997---Acts alleged against accused persons clearly created sense of fear or insecurity in the society---Accused persons had failed to establish any previous enmity or private vendetta for implicating them in the present case---Neither any application under S. 23 of Anti-Terrorism Act, 1997 had been moved for transfer of case to an ordinary court nor any application under S. 249-A or 265-K, Cr.P.C. for quashment of proceedings, instead accused persons had approached the High Court directly---Constitutional petition was dismissed in circumstances. 2007 SCMR 142 and PLD 2007 SC 571 distinguished. State v. Azeem Shakir…

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