Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 353 & 34---Anti-Terrorism Act (XXVII of 1997), Ss. 6, 7 & 23---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism---Act of terrorism---Scope---Transfer of case from ordinary criminal court to the Anti-Terrorism Court was challenged on the ground that after eight years, Trial Court had passed the order for resubmitting the final report before the Anti-Terrorism Court and that prosecution case was fit for trial before the ordinary criminal court---Validity---Prosecution case was that encounter took place between accused persons and the police wherein one police Head Constable died due to firing by the accused persons---Act of firing at police, when they were discharging their duties, was actually an "act of terrorism" and such persons were required to be tried by the Anti-Terrorism Court only---Offence, therefore, fell in the ambit of Third Schedule of Anti-Terrorism Act, 1997, which was, triable by Anti-Terrorism Court---Criminal Miscellaneous Application was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 353 & 34---Anti-Terrorism Act (XXVII of 1997), Ss. 6, 7 & 23---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, common intention, act of terrorism---Anti-Terrorism Court, jurisdiction of---Involvement of accused in an act of serious violence against member of the police force, armed forces, civil armed forces, or a public servant was an act of terrorism and would be triable by the Anti-Terrorism Court. Qaiser Baloch and 3 others v. The State 2013 PCr.LJ 1259 rel. (c) Anti-Terrorism Act (XXVII of 1997)--- ----S. 23---Case triable by Anti-Terrorism Court---Jurisdiction of Anti-Terrorism Court---Determination---Whether a particular case did or did not fall within purview of its jurisdiction laid with the Presiding Judge of Anti-Terrorism Court---If accused considered that the case was not triable by the Anti-Terrorism Court on account of personal enmity or any other reasons, then he had an opportunity…

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