Law: Anti Terrorism Act, 1997

Section: 6(b)&23

Law: Pakistan Penal Code, 1860

Section: 302

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6(b) & 23---Penal Code (XLV of 1860), S.302---Constitution of Pakistan, Art. 199---Constitutional petition---Act of terrorism---Qatl-i-amd---Deceased was a student nurse who was raped by doctor (since absconder) and others and then she was murdered---Trial Court declined to transfer case from Anti-Terrorism Court to Court of planery jurisdiction---Validity---Rape was committed in a room of hospital at night but its detail was shocking which created either a sense of insecurity, especially amongst nurses as a whole or it was likely to terrorize them---Absconded accused and his co-accused including petitioner were taken-over by their criminal and lecherous self and they joined hands satanically to ravish and murder a poor staff nurse---Appalling savagery of crime allegedly committed by them was not an ordinary incident---Accused doctor was a trusted companion, who played false and stabbed in the back---As such the same had shocked and jolted staff nurses all over---Ferocity of alleged offence must have emitted shock waves and signals of unknown fear, dislodging their mental peace with feeling of insecurity and vulnerability---Trial was being conducted by Court established under Anti-Terrorism Act, 1997, in a lawful manner---High Court declined to interefere in the order passed by Trial Court as there was no jurisdictional defect---Petition was dismissed in circumstance. Nazir Ahmad and others v. Nooruddin and another 2012 SCMR 517 and Mst. Raheela Nasreen v. The State and another 2002 SCMR 908 ref. JUDGMENT SHAHID HAMEED DAR, J.--Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, the petitioner calls in question the legality of order dated 18.1.2014, whereby an application moved by him under section 23, Anti-Terrorism Act, 1997 (hereinafter to be read as the Act), for transfer of his case to a court of regular jurisdiction, has been dismissed by the learned Judge, Anti-Terrorism Court No.1, Gujranwala. 2. The facts relevant to this petition are that Mst.Madiha Hanif, aged 20, a student of 4th year in Nursing School, Civil Hospital, Sialkot, real…

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