Law: Constitution of Pakistan, 1973

Section: 199

Law: Anti Terrorism Act, 1997

Section: 6,7,23

Law: Pakistan Penal Code, 1860

Section: 147,148,149,324

Constitution of Pakistan, 1973-- --Art. 199--Pakistan Penal Code, (XLV of 1860), Ss. 324, 147, 148, 149--Anti-Terrorism Act, (XXV of 1997), Ss. 6, 7 & 23--Lodging of FIR--Motive behind incident--Filling of applications for transfer of case to ordinary Court--Rejected--Question of--Whether crime so committed by petitioners fall within provisions of "terrorism" or otherwise--Challenge to--In FIR nowhere it has mentioned that any aerial firing was made by petitioners to create sense of fear and insecurity among general public--Even otherwise, from perusal of all material nothing has come on record to suggest that petitioners have planned and desired commission of offence, which created sense of fear and insecurity among general public and motive alleged behind incident by complainant itself was a civil dispute, which resulted, commission of offence on fatal day--In view of above, provisions of law and settled principles Hon'ble Apex Court, prima facie it appears that case in hand does not fall within meaning of terrorism, which is purely of personal vendetta, as admitted by complainant himself, hence not triable by Special Court--Petition was accepted. 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 7 ATA 1997,with the averments that on 11-03-2017 at 11:30 A.M. he along with his father Muhammad Zaman, elder brother Muhammad Dawood and paternal cousins Muhammad Asif and Shamsullah after proceeding before Additional Sessions Judge-VII, Quetta were going to a showroom of his father's friend at Adalat Road, Quetta, meanwhile, a vehicle…

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