Law: Pakistan Penal Code, 1860

Section: 148,149,302,324,337-F(iii)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 173

Law: Anti Terrorism Act, 1997

Section: 6,7,23

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324, 148/149 & 337-F(iii)--Anti Terrorism Act, (XXVII of 1997), Ss. 6, 7 & 23--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Qatal-i-amd--Application filed by respondents for deletion of S. 7 ATA--Accepted--Judicial interpretation--Jurisdiction--Opinion of special Court--Cognizance of case--Commission of offence--Question of--Whether offence falling within its jurisdiction and whether offence falls within meaning of terrorism--Determination of particular Act, object, design and propose--Applicability of Section 7, ATA--Determination--It was observed that where there is previous enmity, Anti-Terrorism Act shall not apply--Under Section 23 of Act, after taking cognizance of case, if Special Court is of opinion that it does not have jurisdiction in matter, it may order transfer of case to Court of ordinary jurisdiction--In this behalf, word 'cognizance' was explained in case--It was observed that Court, taking cognizance of an offence, has to consider whether offence falling within its jurisdiction is made out; whether offence is committed in its territorial jurisdiction, who are persons responsible for commission of offence and whether in Court's opinion, sufficient grounds are existing for proceedings with trial--Jurisdiction of Anti-Terrorism Court, under Act, has been broadened by use of word 'design' in Section 6 ibid--Moreover, where action of accused results in striking terror, creating fear, panic, sensation, helplessness and sense of security amongst people in a particular vicinity, it amounts to terror and such action falls within ambit of Section 6 of Act--In light of case reported as PLD 2016 SC 951 supra, it is to be seen that terrorist act was such that it did have tendency to create sense of fear or insecurity in minds of people or any section of society as well as physiological impact created on mind of society--Learned trial Court though has discussed factual aspects of matter on basis of record available yet has not really appreciated recent case law on subject--It has been observed by learned trial Court that to determine a particular act, object, design or purpose behind…

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