Law: Anti Terrorism Act, 1997

Section: 7,23

Law: Pakistan Penal Code, 1860

Section: 148,149,385,440,448,506(ii),511

Law: Criminal Procedure Code (V of 1898)

Section: 154,157,173,190,195,195(1)(c),197

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 23---Transfer of case to regular court pending application for bail before arrest---Scope---Cognizance of offence---Scope---Petitioner was charged for offence under S. 7 of Anti-Terrorism Act, 1997 in the FIR---Petitioner filed application for bail before arrest before Anti-Terrorism Court and during its pendency filed application for transfer of case to regular court, which was dismissed---Plea of petitioner was that pendency of the bail application meant that court had taken cognizance inasmuch as it had applied its mind to the facts and circumstances of the case---Validity---Section 23, Anti-Terrorism Act, 1997 showed that where cognizance was taken and the court was of the opinion that it had no jurisdiction in the matter, it could order transfer of the case for trial to court of competent jurisdiction---Court could only transfer the case for trial after taking cognizance and not for any other purpose---Trial Court, in the present case, had not yet taken cognizance of the case and the stage for determination regarding transfer of the case for trial had not yet arisen, hence the application under S. 23, Anti-Terrorism Act, 1997 was premature---Trial Court had rightly observed that investigation in the matter was underway and any finding/observation at bail stage regarding applicability of provisions of Anti-Terrorism Act, 1997 would amount to interfering in investigation---Constitutional petition, being without merit, was dismissed. Muhammad Nazir v. Fazal Karim and others PLD 2012 SC 892 rel. Khan Javed Khan v. State 2017 YLR 461 and Abdur Rehman v. Ghazan and 5 others 2005 MLD 954 not fol. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 23---Transfer of case to regular court---Scope---If, after taking cognizance of an offence Anti-Terrorism Court is of the opinion that the offence is not a Scheduled offence, then it can order transfer of the case for trial of such offence to any court having jurisdiction under the Code of Criminal Procedure, 1898. (c) Words and phrases--- ----"Cognizance"---Meaning---Application of mind to any matter. (d) Criminal Procedure Code (V of 1898)--- ----S. 190---Cognizance of…

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