Law: Anti Terrorism Act, 1997

Section: 7,23

Law: Pakistan Penal Code, 1860

Section: 147,148,149,324

Anti-Terrorism Act (XXVII of 1997)--- ----Ss.23 & 7---Penal Code (XLV of 1860), Ss. 324, 147, 148 & 149---Attempt to commit qatl-i-amd, rioting, common object, act of terrorism---Transfer of case from Anti-Terrorism Court to regular Criminal court---Challan of the case was submitted in the court of Special Judge Anti-Terrorism---Petitioners/accused persons, during the pendency of trial, filed application under S.23 of Anti-Terrorism Act, 1997 for transfer of case to ordinary court of criminal jurisdiction---Said application was dismissed by the Trial Court---Validity---Complainant party, mainly alleged firing and assault through pistol and dagger by accused persons and had alleged civil dispute over ancestral property as motive behind the incident---First Information Report did not show that any aerial firing was made by accused persons to create sense of fear and insecurity among the general public---Court had to see whether the crime so committed by accused, fell within the provisions of "terrorism" or otherwise---Case, in circumstances, did not fall within the meaning of terrorism, as admitted by the complainant therefore, was not triable by the Anti-Terrorism Court---Constitutional Petition was accepted and impugned order was set aside with directions that case file be transmitted from Special Judge Anti-Terrorism Court, to Sessions Judge for trial in accordance with law. Mohbat Ali v. State 2007 SCMR 142 and Province of Punjab v. Muhammad Rafique and others PLD 2018 SC 178 ref. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- This order disposes of instant Constitutional Petition filed by the petitioners/accused Muhammad Anwar son Muhammad Khan and Qahir Khan against the order dated 18.10.2017 (hereinafter referred as impugned order") passed by the learned Special Judge, Anti-Terrorism Court-I, Quetta, (hereinafter referred as, "the trial Court") whereby the application under Section 23 of Anti-Terrorism Act filed by the petitioners was rejected. 2. Brief facts arising from the instant petition are that complainant Muhammad Javaid lodged FIR No.47 of 2017 with Police Station Civil Line, under Sections 147, 148, 149, 324, P.P.C., read with Section…

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