Law: Pakistan Penal Code, 1860

Section: 302

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 3,4,31(5)

Law: Azad Jammu and Kashmir Islamic Laws (Enforcement) Act, (IX of 1974)

Section: 3,23(5),23-A(9)

Law: Azad Jammu and Kashmir Anti-Terrorism Act, (XL of 2014)

Section: 6,13,39,66,81

Penal Code (XLV of 1860)--- ----S. 302---Azad Jammu and Kashmir Anti-Terrorism Act (XL of 2014), Ss.6, 13, 39, 66 & 81---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Ss.3, 4 & 31(5)---Azad Jammu and Kashmir Islamic Tazeerati Qawaneen Nafaz Act, 1974, Ss.3, 23(5) & 23-A(9)---Transfer of case from ordinary court to Anti-Terrorism Court---When evidence of nine witnesses was recorded, Police presented subsequent challan by adding S.6 of Anti-Terrorism Act, 2014---Trial Court, upon filing of said subsequent challan, referred the matter for guidance and opinion to the Shariat Court---Accused, meanwhile challenged the provision of S.81 of the Anti-Terrorism Act, 2014 in writ jurisdiction before the High Court---Point for resolution by High Court in the case was whether S.81 of Anti-Terrorism Act, 2014 was contradictory to Interim Constitution Act, 1974 and whether Anti-Terrorism Act, 2014 could be applied retrospectively---Provisions of S.81 of Anti-Terrorism Act, 2014 provided that Anti-Terrorism Court was empowered to hear and adjudicate upon the case, even if the offences had been committed prior to promulgation of Anti-Terrorism Act, 2014---Anti-Terrorism Act, 2014 was promulgated and published on 13-10-2014; wherein offence in the present case took place on 11-6-2014, earlier to promulgation of Anti-Terrorism Act, 2014---Offence of murder under S.302, P.P.C., was punishable with death, as qisas or tazir, which fell within exclusive jurisdiction of District Court; whereas Anti-Terrorism Court was not empowered to award punishment as qisas and tazir or diyyat---Offences of murder and hurt had been made compoundable through Islamic Penal Laws (Enforcement of Hudood and Tazeerat) Act, 1974, but such offences were not compoundable under Anti-Terrorism Act, 2014---Compounding the offence of murder or hurt, had been provided in Quran and Sunnah and such right could not be snatched through an Act of legislature---If S.81 of Anti-Terrorism Act, 2014 was allowed to apply to a case already sub judice before District Criminal Court, that would tantamount to snatch the right of accused---District Criminal Court had been vested with powers to…

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