Law: Anti Terrorism Act, 1997

Section: Preamble,ThirdSched.1,6,7,23,34

Law: Constitution of Pakistan, 1973

Section: 199

Anti-Terrorism Act (XXVII of 1997)--- ----Preamble, Third Sched., Ss.1, 6, 7, 23 & 34---Constitution of Pakistan, Art.199---Constitutional petition---Transfer of case from Anti-Terrorism Court to regular court---Scope of S.23 of the Anti-Terrorism Act, 1997---Anti-Terrorism Court dismissed applications of accused involved in different offences namely murder by firing, acid throwing and injury caused by firing in mosque, for transfer of their cases to regular courts---Validity---Purpose of Anti-Terrorism Act, 1997 was to prevent terrorism, sectarian violence and conducting speedy trial of heinous offences---In order to decide whether an offence was triable under the Anti-Terrorism Act, 1997 or not, the courts had to see whether the act had tendency to create sense of fear and insecurity in the mind of people or a section of society---Such act might not necessarily have taken place within the view of general public---Schedule annexed to a statute was as important as the statute itself---Schedule could be used to construe the provisions of the body of the Act---Third Schedule to the Anti-Terrorism Act, 1997 had to be given its due importance and, first three paragraphs of the same were general in nature while the fourth paragraph specifically described offences---In order to bring an offence within ambit of Anti-Terrorism Act, 1997 and the jurisdiction of the Anti-Terrorism Court, nexus of such offence with S.6 of the Anti-Terrorism Act, 1997 was a pre-requisite---Paragraph 4 of the Schedule to the Anti-Terrorism Act, 1997 categorically mentioned the offences which would be tried only by the Anti-Terrorism Court---Offences in question were within the purview/ambit of the paragraph 4 of the Third Schedule to the Anti-Terrorism Act, 1997 and were triable by the Anti-Terrorism Court---Petitions were dismissed. State through Advocate-General, N.-W.F.P., Peshawar v. Muhammad Shafiq PLD 2003 SC 224; Rana Abdul Ghaffar v. Abdul Shakoor and 3 others PLD 2006 Lah. 64 and Saif Ullah Saleem and others v. The State and others 2013 PCr.LJ 1880 rel. Mehram Ali and others v. Federation of Pakistan and others PLD 1998 SC 1445; Ch. Bashir Ahmad v. Naveed lqbal and 7 others PLD…

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