Case Details

Citation(s)
2016 SLG 2040 2016 SLD 2040 2016 PLJ 273
Lahore High Court
W.P. No. 8744 of 2012, decision Date : 24.11.2015. Heard on: 24.11.2015.
SADAQAT ALI KHAN, JUSTICE, MRS. ERUM SAJAD GULL, JUSTICE
Ch. Azhar Siddique Cheema, Advocate for Petitioner. Mr. Khurram Khan, D.P.G. for
Respondents.

GHULAM RASOOL

VS

NASIR IQBAL AND 4 others--RespondentS

Law: Constitution of Pakistan, 1973

Section: 199

Law: Anti Terrorism Act, 1997

Section: 6,7

Law: Penal Code (XLV of 1860)

Section: 506,365,382,147,148,337-A(i),337-L(ii),3 53,186

Constitution of Pakistan, 1973---.--- ---.---Art. 199---.---Anti-Terrorism Act, 1997, Ss. 6 & 7---.---Pakistan Penal Code, (XLV of 1860), Ss. 506, 365, 382, 147, 148, 337-A(i) & 337-L(ii), 353 & 186---.---Constitutional petition---.---Jurisdiction---.---Constable, driver of DSP---.---Occurrence was taken place on road and was on his official duty---.---Court of special judge---.---Validity---.---It could not be said that it was a case of petty quarrel between parties as officials while on their official duties dressed in uniforms were severely beaten, tortured and locked up---.---Uniforms were torn and that had to be rescued with help of police---.---Torn uniforms of police officials were taken into custody by local police and recovery memo. was prepared which was on police file---.---Ingredients of Section 6 of Act, 1997 were attracted when officials on duty were beaten up publically as that weakens writ of state---.---Petition was allowed. THIS ORDER PASSED BY: SADAQAT ALI KHAN, JUSTICE:---.--- Instant writ petition has been filed by the petitioner/ complainant against order dated 3.4.2012 passed by learned Special Judge, Anti-Terrorism Court-I, Faisalabad according to which Section 7 of the Anti-Terrorism Act, 1997 is not attracted in the instant case and accused were directed to produce before the Court of ordinary jurisdiction (Judicial Magistrate) in case FIR No. 251/2012 dated 29.3.2012, under Sections 506/365/382/147/148 PPC (Sections 337-A(i), 337-L(ii) 353, 186, PPC and 7 of Anti-Terrorism Act, 1997 were added later on) registered at Police Station CityChiniot. 2. We have heard the learned counsel for the petitioner as well as Deputy Prosecutor General and perused the record whereas no one is present from accused's side. 3. Ghulam Rasool Constable the then driver of DSP/HQ, Chiniot is complainant of this case who stated in case FIR No. 251/2012 dated 29.3.2013 as under: بیان ازاں غلام رسول ڈرائیور کنسٹیبل DSP/HQ 605/C چنیوٹ بیان کیا کہ میں عرصہ تین ماہ سے DSP/HQ Ú©ÛŒ گاڑی نمبری 7663/JGA چلاتا ہوں۔ آج قریب 3/50 بجیدن میں معہ Ú¯Ù† میں احمد…
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