Law:

Section:

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6 & 12---Criminal Procedure Code (V of 1898), S.173---Jurisdiction of Anti-Terrorism Court---Determination---Anti-Terrorism Court, for taking cognizance and conducting trial of offences was to see that on what basis allegations were made in the FIR; that what was the material collected during investigation and surrounding circumstances; that whether alleged offence had any nexus with the object of the case; that particular act was act of terrorism or not; that there existed motivation, object, deign and purpose behind the act; that act had created fear and insecurity in the public or in a section of public or community or in any sect; that act had created fear, panic, sensation, helplessness and sense of insecurity among the people in the particular area---All said ingredients amounted to terror and as such fell within the ambit of S.6 of the Anti-Terrorism Act, 1997 and would be triable by Anti-Terrorism Court. The State through Advocate General, N.W.F.P. v. Muhammad Shafiq PLD 2003 SC 224 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 392, 511, 353, 337-A, 337-D, 186, 147, 148 & 149---Anti-Terrorism Act (XXVII of 1997), Ss. 6, 7 & 23---Robbery, attempting to commit offence punishable with imprisonment for life or a shorter term, assault or criminal force to deter public servant from discharge of his duty, shajjah, jaifah, obstructing public servant in discharge of public functions, rioting, rioting armed with deadly weapons, unlawful assembly, act of terrorism---Dismissal of petition for transfer of case from Anti-Terrorism Court to ordinary criminal court---Petitioners contended that provisions of S.6 of Anti-Terrorism Act, 1997 were not attracted in the case and offences mentioned in the FIR had no nexus with the definition of said section of the Act---Validity---Prosecution case was that petitioners committed offences on the main road, target was Security Force Officers---During scuffle, officials sustained injuries and petitioners tried to snatch official weapons from Security Force personnel---Petitioners were overpowered and Security Force personnel recovered different types of weapons and…

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