Law: Anti Terrorism Act, 1997

Section: 25,17

Law: Penal Code (XLV of 1860)

Section: 395-A

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 25 17--Pakistan Penal Code, (XLV of 1860), S. 395-A--Appeal against --Deputy Prosecutor General present in Court stated that this appeal is not competent before this forum as law is clear on subject--Appeal filed before High Court is not competent in view of clear provisions of Section 25 of Anti-Terrorism Act, 1997-- Counsel for appellant, because Anti-Terrorism Act being a special law as per Section 32 of Act has got overriding effect--Of course, this case was remanded by High Court, as originally appeal had been filed in Honble High Court of Sindh, Circuit Court at Hyderabad and subsequently transferred to this Court, which was disposed off on 19.01.2019--No cavil with preposition two wrongs do not make a right--Since principal offence whereby convict has been convicted, is Section 365-A, PPC and death penalty has been awarded, rest of offences are ancillary thereto--According to Section 17 read with Section 21-M of Anti-Terrorism Act, any other offence committed in same series of act falling within any other law is also triable by Anti-Terrorism Court--So, on this analogy too, conviction recorded and sentence awarded under Section 395, PPC, may be treated ancillary to principal offence and appeal lies before forum, provided by Ami-Terrorism Act, 1997--Appeal was dismissed.  [Pp. 226 227] A, B C Order Preliminary Hearing: Learned Counsel for the appellant when confronted with the legal position that the conviction has been recorded by the learned Judge Anti-Terrorism Court, Mirpur Khas, and the appeal against this judgment passed by the Anti-Terrorism Court, lies before the Honble High Court of Sindh, as contemplated by Section 25 of the Anti-Terrorism Act, 1997. He stated that earlier this matter was remanded back by this Court to Anti-Terrorism Court. Description: A2. The learned Deputy Prosecutor General present in the Court stated that this appeal is not competent before this forum as the law is clear on the subject. We are also clear in our mind that the appeal filed before this Court is not competent in view of the clear provisions of Section 25 of the Anti-Terrorism Act, 1997, which reads as…

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