Law: Anti Terrorism Act, 1997

Section: 6,6(1)(b),7,12,23

Law: Pakistan Penal Code, 1860

Section: 34,147,148,149,302,347,364,365-A

Law: Criminal Procedure Code (V of 1898)

Section: 173,221,222

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 12---Criminal Procedure Code (V of 1898), S. 173---Case triable by Anti-Terrorism Court---Jurisdiction of Anti-Terrorism Court---Determination---Tentative assessment of prosecution material---Jurisdiction of Anti-Terrorism Court for taking cognizance and conducting trial of offences was to be initially determined on a tentative assessment of the prosecution material that was presented before Trial Court---Relevant record to be considered at pre-trial stage to determine the jurisdiction of the Anti-Terrorism Court was the FIR, investigation report and final report under S. 173, Cr.P.C. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 365-A, 364, 347, 147, 148, 149 & 34---Anti-Terrorism Act (XXVII of 1997), Ss. 6, 7 & 23---Qatl-i-amd, kidnapping for extortion, kidnapping in order to murder, rioting, common object, common intention, act of terrorism---Transfer of case from Anti-Terrorism Court to ordinary criminal court was sought contending that criminal proceedings against the accused before the Anti-Terrorism Court were without jurisdiction, without lawful authority and of no legal effect---Validity---Prosecution story was that accused kidnapped the deceased for extorting money, confined him in illegal custody and thereafter murdered the deceased---Record showed that accused kidnapped the victim for the purpose of ransom---Act of the accused created insecurity in the society---Offence, therefore, fell in the ambit of Third Schedule of Anti-Terrorism Act, 1997, which was triable by Anti-Terrorism Court. (c) Anti-Terrorism Act (XXVII of 1997)--- ----S. 23---Transfer of case from Anti-Terrorism Court to court of ordinary criminal jurisdiction---Procedure---Anti-Terrorism Court, after taking cognizance of an offence, if opined that allegation in FIR and material collected by investigating agency did not constitute a Scheduled Offence, case would be transferred to the court of ordinary criminal jurisdiction. Khude-e-Noor v. The State PLD 2016 SC 195 and Umar Farooque and 2 others v. Judge Anti-Terrorism Court, Mirpur Khass and another 2014 PCr.LJ 1052 ref. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 221…

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