Law: Pakistan Penal Code, 1860

Section: 34,302,364A,377

Law: Juvenile Justice System Ordinance, 2000

Section: 14

Law: Qanun-e-Shahadat (10 of 1984)

Section: 39,40

Law: Anti Terrorism Act, 1997

Section: 6,7,32

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 364-A, 377 & 34---Anti-Terrorism Act (XXVII of 1997), Ss.6, 7 & 32---Juvenile Justice System Ordinance (XXII of 2000), S.14---SRO No.572(I)/2012, dated 3-5-2012---Qatl-i-amd, kidnapping or abducting a person under age of fourteen, sodomy, common intention, act of terrorism---Trial by Anti-Terrorism Court---Accused persons, raised the objection that they being minors, their trial by Anti-Terrorism Court was coram non judice and they were to be tried under Juvenile Justice System Ordinance, 2000 and that case was not that of terrorism, but that of murder and was to be tried by the court of ordinary jurisdiction---Contentions of counsel for accused persons were wholly misconceived, as offence committed by minors could validly be tried by Anti-Terrorism Court as S.32 of Juvenile Justice System Ordinance, 2000 had provided that the said provision was in addition to and not in derogation of any other law---Contention that the trial of accused persons was coram non judice did not hold the field, thus repelled---Objection that case of accused persons was that of murder, therefore, was to be tried by the court of ordinary jurisdiction, was withoutfoundation as notification SRO No. 572(I)/2012, dated 30-5-2012, had conferred the powers of Juvenile Court to the Judge, Anti-terrorism Court. PLD 2006 Kar. 331 and Meraj Hussain v. Judge Anti-Terrorism Court Northern Areas Gilgit 2007 PCr.LJ 1011 ref. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6---Procedure of Juvenile Court---Interpretation, applicability and scope of S.6, Anti-Terrorism Act, 1997---Section 6 of the Act defines the offences falling in the category of "Terrorism"---Provisos to said section had shown that the section was divided into two main parts; the first part contained in S.6(1)(h) and (c) of the Act, deals with the mens rea and makes a mention of the "design" or the "purpose" behind an action and the second part falling in S.6(2) of the Act specifies that the action taken when coupled with the mens rea, would constitute an offence---Critical study of S.6(2) of the Act, depicts that the intention of legislature was very clear---If use of threat or action…

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