Law: Anti Terrorism Act, 1997

Section: 6,7,23

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 324,336B,337-F(i)

Anti-Terrorism Act (XXVII of 1997)----Sched, Ss. 6, 7 & 23---Penal Code (XLV of 1860), Ss. 324, 336-B & 337-F(i)---Constitution of Pakistan, Art. 199---Constitutional petition---Transfer of case from Anti-Terrorism Court to the court of ordinary jurisdiction---Application for transfer of case of the petitioners-accused was dismissed by the Special Court---Validity---Offences mentioned in the Schedule to Anti-Terrorism Act, 1997 should have nexus with the objects mentioned in Ss. 6 and 7 of the Act---Nothing had been brought on record to show that the occurrence created terror, panic or sense of insecurity among people and the society---Even in F.I.R., got registered by the complainant, no allegation of creating terror was levelled---Motive for the occurrence was enmity inter-se the parties and for that reason, the application of S.7 of the Act which primarily required the spread of sense of insecurity and fear in common mind was lacking---Occurrence took place in a room of a hotel which was not a public place and the element of striking terror or creating sense of fear in the people or any section of the people was not made discernible in the F.I.R.---Case registered against the petitioners-accused was triable by the court of ordinary jurisdiction---Constitutional petition was allowed and S.7 of Anti-Terrorism Act, 1997 was ordered to be deleted and petition moved under S.23 of Anti-Terrorism Act, 1997 was accepted---Proceedings of the trial of the case were ordered to be transferred to the court of ordinary jurisdiction. Mehram Ali and others v. Federation of Pakistan and others PLD 1998 SC 1445; Ch. Bashir Ahmad v. Naveed Iqbal and 7 others PLD 2001 SC 521; Basharat Ali v. Special Judge, Anti-Terrorism Court-II, Gujranwala PLD 2004 Lah. 199; Fazal Dad v. Col. (Rtd.) Ghulam Muhammad Malik and others PLD 2007 SC 571 and Bashir Ahmed v. Muhammad Siddique and others PLD 2009 SC 11 rel. JUDGMENT IBAD-UR-REHMAN LODHI, J.--- After having been involved in a criminal case registered through F.I.R. No.725 of 2012 dated 10-11-2012 under sections 324, 336-B, 337-F(i), P.P.C. and 7 Anti-Terrorism Act, 1997 in Police Station Chehlyak District Multan, the…

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