Law: Anti Terrorism Act, 1997

Section: 7,23

Law: Penal Code (XLV of 1860)

Section: 385,386,34

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 7 23---Penal Code (XLV of 1860), Ss. 385, 386 34---Putting person in fear of injury in order to commit extortion, extortion by putting a person in fear of death or grievous hurt, common intention---Application for transfer of case to court of ordinary jurisdiction was dismissed---Validity---Accused were charged for demanding bhatta from the complainant by showing Kalashnikov and other weapons and on his refusal, they extended threat to kill him and his family---Record showed that undoubtedly the offence so charged fell within the purview of S. 6(2) Anti-Terrorism Act, 1997, being the offence involving the extortion of money (bhatta) or property as was clear from the FIR---Complainant, in the FIR, had stated that he did not tell anyone about the bhatta demands and as such demands remained personal and private to him and the act of demanding bhatta from the complainant was not designed to coerce and intimidate the public and as such the required mens rea for the case to fall within the purview of the Anti-Terrorism Act, 1997 had not been made out by the prosecution---Application was allowed and the provisions of Anti-Terrorism Act, 1997, would be struck out of the FIR and charge and the case was transferred from Anti-Terrorism Court to the ordinary Court. Ghulam Hussain v. State PLD 2020 SC 61 rel. JUDGMENT MOHAMMED KARIM KHAN AGHA, J.s 1) Ali Nawaz son of Muhammad Abdullah 2) Muhammad Abdullah son of Muhammad Khan 3) Abdul Razaque son of Muhammad Abdullah 4) Ali Shair son of Muhammad Abdullah 5) Shahnawaz son of Muhammad Abdullah and 6) Ghulam Mustafa son of Muhammad Abdullah have filed this criminal revision application impugning order dated 29.07.2020 passed by the Anti Terrorism Court No.XV, Karachi in Special Case No.17 of 2020 arising out of FIR No.231 of 2017 under sections 385/ 386/34, P.P.C. read with 7, A.T.A. registered at Police Station Zaman Town, Karachi whereby their application under section 23, A.T.A., 1997 to transfer the case to an ordinary court as opposed to it being heard by an ATC was dismissed. 2. The brief facts of the case as per FIR are that on 18.04.2017, ASI Ali Gohar Abbass, posted at PS…

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