Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6, 7 & 23---Penal Code (XLV of 1860), Ss.324, 353 & 216-A---Attempt to commit qatl-e-amd, assault or criminal force to deter public servants from discharging of his duty, harbouring robbery or dacoity act of terrorism---Application for transfer of case from Anti-Terrorism Court to Ordinary Court was dismissed---Validity---Taking cognizance and forming opinion regarding an offence to be either scheduled one or not, could not be treated as two separate acts, which were to be performed by the court at different times---Court would take cognizance of a given offence, only when it was without any doubt with regard to its jurisdiction to try the offence by examining the material presented to it in terms of S.173, Cr.P.C.---Law had provided for one exception that a Magistrate taking cognizance of offence triable exclusively by a Court of Session, would without recording the evidence send the case to court of session for trial in terms of S.190(3), Cr.P.C.---Such exception was entirely cognate with design contemplated under S.193, Cr.P.C.---Court was competent to make up its mind as to whether the offence was scheduled one or not at the time of taking cognizance of offence on the basis of material submitted to it in shape of challan---In case the court decided in affirmative, it would proceed with the matter in accordance with law and it would not restrict the jurisdiction of the court to hold otherwise at a subsequent stage, but the exercise of jurisdiction to transfer the case to a regular court, could be resorted to by the court on the basis of new material brought before it, either by prosecution or defence---Scheme of law in terms of S.23 of Anti-Terrorism Act, 1997, appeared to have enjoined upon the court to minutely examine all the material presented at the time of challan---Impugned order appeared to have been passed in haste which did not reconcile with the judicial norms and requirements of law---Court could have waited and postponed the decision on the application of accused till the submission of challan to form its opinion that the offence was scheduled one or not, instead of dismissing it in hasty…

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