Law: Anti Terrorism Act, 1997

Section: 23,ThirdSched.Para4(iv)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 34,336-B,452

Anti-Terrorism Act (XXVII of 1997)--------- ----------S. 23 & Third Sched. Para 4(iv)---------Penal Code (XLV of 1860), Ss. 336-B, 452 & 34---------Constitution of Pakistan, Art.199---------Constitutional petition---------Hurt by corrosive substance (acid)---------Jurisdiction of Anti-Terrorism Court---------Scope---------Offence of throwing acid on victim in a house---------Plea of accused that since such alleged offence took place in the room of a house, and did not create any sense of fear or insecurity in the mind of public at large, therefore the Anti-Terrorism Court did not have the jurisdiction to try the case---------Application for transfer of case from Anti-Terrorism Court to ordinary court was allowed by Anti-Terrorism Court---------Validity---------Offence (of throwing acid) committed by the accused, in the present case, fell under S.336-B, P.P.C. and the same was duly reflected in the Third Schedule to the Anti-Terrorism Act, 1997---------Paragraph No. 4(iv) of Third Schedule to the Anti-Terrorism Act, 1997 clearly postulated that the Anti-Terrorism Court to the exclusion of any other court shall try the offence relating to hurt caused by corrosive substance or attempt to cause hurt by means of a corrosive substance---------Medico-legal certificate of the victim issued, in the present case, clearly reflected that the injuries on the person of the victim were the result of acid---------Anti-Terrorism Court constituted under the Anti-Terrorism Act, 1997 had direct jurisdiction in the offences mentioned in Paragraph No.4(iv) of Third Schedule to the Anti-Terrorism Act, 1997 and no nexus was required to be searched for such scheduled offences as the very commission of said offences created terror, panic and sense of insecurity amongst the general public---------Application moved by accused for transfer of his case from Anti-Terrorism Court to the court of ordinary jurisdiction was dismissed in circumstances---------Constitutional petition was allowed accordingly. 2013 PCr.LJ 1880 distinguished. Muhammad Yousaf v. The State and another PLD 2014 Lah. 644; Rana Abdul Ghaffar v. Abdul Shakoor and 3 others PLD 2006 Lah. 64 and Mst. Ruqqia Bibi v.…

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