Law: Anti Terrorism Act, 1997

Section: 6(1)(b)(c),(2)(n)(m),23

Law: Criminal Procedure Code (V of 1898)

Section: 439

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6(1)(b)(c), (2)(n)(m) & 23---Criminal Procedure Code (V of 1898), S. 439---"Terrorism"---Application for transfer of case from Anti-Terrorism Court to Court of ordinary jurisdiction---Secluded area of offence---Accused were aggrieved of order passed by Anti-Terrorism Court, declining to transfer the case to court of ordinary jurisdiction---Validity---No evidence was available to suggest that action was taken by accused with any design, intention and mens rea of causing "terrorism"---Area of incident was a secluded area and it did not have impact of causing intimidation, awe, fear and insecurity in public or society---No members of public were around to witness or even hear the action---When police officials were confined in a room and were made to be photographed in the company of ladies, such incident also took place in closed room---Actions against police were though of very serious nature and were to be discouraged and dealt with iron hand as in effect such were the attacks on society as a whole, yet such attacks could only be dealt with under the relevant and applicable law---Actions allegedly taken by accused against police did not fall within the ambit of Anti-Terrorism Act, 1997---Material/evidence did not meet the requirements of S. 6(1)(b) or (c) of Anti-Terrorism Act, 1997---High Court set aside the order passed by Anti-Terrorism Court and the trial was transferred to criminal court of competent jurisdiction---Revision was allowed in circumstances. Younas v. The State 2014 PCr.LJ 1062; Liaquat Ali and 2 others v. Special Judge, Anti-Terrorism Court No.1, Gujranwala and 3 others 2007 YLR 1222; Gul Muhammad and another v. The State 2013 PCr.LJ 52; Jahangir Akhtar Awan and 2 others v. The State and 8 others PLD 2000 Kar. 89 and Ghulam Sarwar v. The State 2013 YLR 1135 ref. THIS ORDER PASSED BY: MOHAMMED KARIM KHAN AGHA, J.--- Through instant criminal revision application, applicants/accused have challenged the order dated 07.02.2017 passed by learned Judge Anti-Terrorism Court, Mirpurkhas in A.T.C. Case No.01/2017, whereby the application filed by applicants/accused under section 23-A of Anti-Terrorism…

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