| Citation(s) |
|---|
| 2017 SLG 963 2017 SLD 963 2017 PLJ 301 |
W.P. No. 183 of 2016, heard on 19.1.2017. Date of hearing: 19.1.2017.
MAZHAR IQBAL SIDHU, JUSTICE, ASJAD, JAVAID GHURAL, JUSTICE
Rana Muhammad Nadeem Kanjoo, Advocate for Petitioner. Rana Muhammad Arif Kamal Noon, Advocate for
Respondents Nos. 4, 5 & 7 to 9. Mr. Mazhar Jameel Qureshi, AAG for State.
MUHAMMAD MAJID - ER
VS
STATE AND 16 OTHERS --RespondentS
Law:
Section:
Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, (V of 1898), S. 561-A--Anti-Terrorism Act, (XXVII of 1997), S. 6--Transferred case to Court of ordinary jurisdiction--Varies of order was challenged--Elimination of terrorism, sectarian violence and for expeditious dispensation of justice--Personal enmity--No residential house was found in all four sides--Cross firing--Validity--Specific motive intent for commission of offence is quite relevant conferring jurisdiction on A.T.C.--Act committed must be designed to create sense of insecurity and to destabilize public at large as envisaged under Section 6 of Act but in instant case no such sense of insecurity had been created to destabilize general public, same was allegedly under personal vendetta and enmity on land dispute which resulted alleged occurrence--Petition was dismissed. THIS JUDGMENT DELIVERED BY: Asjad Javaid Ghural, JUSTICE:---.--- Through this Constitutional petition, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 read with Section 561-A, Cr.P.C., petitioner Muhammad Majid has challenged the varies of order dated 17.12.2015 passed by the learned Special Judge Anti-Terrorism Court-I Multan, whereby the learned Special Judge has transferred the case to the Court of ordinary jurisdiction. 2. Brief facts of the care are that the petitioner got lodged a case FIR No. 132/2015 dated 19.04.2015 in respect of offences under Sections 302, 324, 148, 149, 109, 404, 337-F(vi), 411, PPC & 7-ATA, 1997 of the Anti-Terrorism Act, 1997 at Police Station Saddar District Lodhran , alleging therein that the property of the sister of complainant Mst. Kousar Bibi is situated in Mouza Kamal Pur Jatyal. On 19.04.2015, the complainant along with her sister, his nephew namely Asghar Hasnain alias Raju present in their field to look after their wheat crops. In the meanwhile, eight nominated accused namely, Tasadaq Hussan, Khizer Hussain Shah, Sabir, Luqman, Mehran, alias Keemi, Nazir Ahmed, Afzal, Tariq and eight unknown accused persons armed with fire-arm weapons entered into the fields of the complainant and started harvesting the wheat crop of the complainant. On…
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