Law: Anti Terrorism Act, 1997

Section: 7,23

Law: Pakistan Penal Code, 1860

Section: 148,149,382,427,506-B

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 7 & 23--- Penal Code (XLV of 1860), Ss. 382, 506-B, 427, 148 & 149---Theft after preparation made for causing death, hurt, or restraint in order to the committing of the theft, criminal intimidation, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapons, unlawful assembly, act of terrorism---Request for deletion of offence under S.7 of the Anti-Terrorism Act, 1997 at remand stage was turned down by the Judge Anti-Terrorism Court and petition for transfer of case from Anti-Terrorism Court to an ordinary criminal court was dismissed---Petitioners contended that from bare perusal of the crime report and the investigation conducted so far, no element of causing intimidation, awe, fear or insecurity in the public or society or the mens rea and actus reus as specified in S.6 of the Anti-Terrorism Act, 1997 was attracted in the present case; investigation was still under-way and the challan had not yet been submitted before the Trial Court---Trial Court had passed the impugned orders at premature stage and the same were not sustainable---Validity---Record showed that the accused-petitioners along with their five co-accused were implicated in the present case through supplementary statement---Investigating Officer, after arresting the accused-petitioners, made application before the trial court seeking their physical remand for fifteen days---Trial Court while granting physical remand had given specific observations that offence under S.7 of the Act was attracted to the facts and circumstances of the case---Later on, accused-petitioners were sent to judicial lockup by the Trial Court---On the same day, application, submitted by the accused-petitioners to transfer the case to the court of ordinary jurisdiction was dismissed by the Trial Court---Admittedly, investigation process was underway and complete or incomplete report under S.173, Cr.P.C. had not yet been submitted before the Trial Court---Trial Court had expressed his view while granting physical remand of the accused under S.167, Cr.P.C., which was totally against the law causing prejudice to the case of either side and also…

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