Law: Criminal Procedure Code (V of 1898)

Section: 190,193,526(3)

Law: Anti Terrorism Act, 1997

Section: 6,7,23

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 190, 193 & 526(3)---Anti-Terrorism Act (XXVII of 1997), S. 23---Power of court of ordinary jurisdiction---Transfer of case from court of ordinary jurisdiction to Anti-Terrorism Court---District and Sessions Judge/Additional District and Sessions Judge was not authorized to declare any offence as Scheduled offence and to transfer the case to the special court straightway. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 23---Transfer of case from Anti-Terrorism Court to court of ordinary jurisdiction--- Scope--- Anti-Terrorism Court possessed jurisdiction to transfer case to the court of ordinary jurisdiction. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 190, 193 & 526(3)---Anti-Terrorism Act (XXVII of 1997), S. 23---Transfer of case from the court of ordinary jurisdiction to Anti-Terrorism Court---Principles---No powers were conferred on the ordinary courts of criminal jurisdiction to transfer the case from its docket to the Court of Anti-Terrorism---If the Sessions Court or Additional Sessions Court was of the opinion that alleged offence was triable by the Anti-Terrorism Court, as the commission of the crime had created panic and terror amongst the people and manner in which crime had been committed had developed sense of fear and insecurity in the minds of people or any section of society, two courses were available to the Sessions Court for transfer of case: firstly, reference would be made to the Chief Justice of High Court in terms of S. 526(3), Cr.P.C.; secondly, Sessions Court would issue notice to the Prosecutor General and to the accused/complainant party/aggrieved person(s) and after providing an opportunity of being heard come to conclusion that the case was of the nature triable by the Anti-Terrorism Court---Challan would be returned to the Investigating Officer/agency for submitting the same before the court having jurisdiction---Constitutional petition was allowed accordingly. Naseem v. The State 1997 MLD 275 and Muhammad Iqbal and another v. The State 1992 MLD 287 rel. (d) Criminal Procedure Code(V of 1898)--- ----Ss. 190, 193 & 526(3)---Anti-Terrorism Act(XXVII of 1997), Ss.…

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