Law: Juvenile Justice System Ordinance, 2000

Section: 4(3)

Law: Criminal Procedure Code (V of 1898)

Section: 439

Law: Anti Terrorism Act, 1997

Section: 21-G

Juvenile Justice System Ordinance, 2000-- ----S. 4(3)--Anti-Terrorism Act, (XXVII o 1997), S. 21-G--Criminal Procedure Code, (V of 1898), S. 439--Protection to children in criminal litigation--Minor accused--Jurisdiction of ATC was declined the police custody of minor accused on ground that since accused was juvenile at the time of commission of offence--Juvenile Justice System Ordinance, 2000 (hereinafter referred to as Ordinance of 2000) was promulgated to provide protection to children in criminal litigation, their rehabilitation in society, reorganization of Juvenile Courts and matters connected therewith--Under section 4(3) of the Ordinance of 2000, the Juvenile Court established under the Ordinance has exclusive jurisdiction to try cases in which a juvenile is accused of commission of offence--The Anti-Terrorism Act, 1997 was promulgated on 20th August, 1997, much prior than the promulgation of Ordinance of 2000--According to section 21-G of the Anti-Terrorism Act, 1997, initially all offences under the Anti-Terrorism Act, 1997 were to be tried by the Anti-Terrorism Courts established under the Act, however, the word "exclusively" was inserted in section 21-G of the Act--Government of Pakistan through notification has declared all the Anti-Terrorism Courts established throughout the country under the Anti-Terrorism Act, 1997, to exercise the powers of Juvenile Courts in the area of their respective jurisdiction, under the Juvenile Justice System Ordinance, 2000--Revision was accepted. Word and Phrases-- ----"Exclusively"--The insertion of word "exclusively" in the Anti-Terrorism Act, being later in time, will have precedence over section 4(3) of the Ordinance of 2000, more particularly when the intention of legislature in the Ordinance of 2000 is reflected in section 14 which envisages that the provisions of the Ordinance shall be in addition to and not in derogation of any law for the time being in force. 2011 PCr.LJ 1022 and PLD 2012 Baluchitan 122. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.- Through this single judgment we intend to dispose of this criminal revision as well as connected W.P. No. 443-A/2017, as both are the outcome of same order…

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