Law: Anti Terrorism Act, 1997

Section: 23,6,7

Law: Penal Code (XLV of 1860)

Section: 302,3245,337-F(iii),148

Law: Constitution of Pakistan, 1973

Section: 199

(a) Jurisdiction--- ----Objection---Principle---Question of jurisdiction is not technical one but goes to the heart of the authority that a court or tribunal exercises in seeking to enforce law of land---Any objection to jurisdiction of any tribunal conducting judicial proceedings has to be decided at the earliest to lay such objection to rest. (b) Anti-Terrorism Act (XXVII of 1997)--- ----S. 23---Jurisdiction---Determination---Trigger for purposes of determining question of jurisdiction is after Anti-Terrorism Court takes cognizance of the offence---No outer limit for making such determination---Such question can be determined even at the time of rendering final if Anti-Terrorism Court were to conclude at such time that accused was not liable for offence of terrorism under S. 7 of Anti-Terrorism Act, 1997, or for any other scheduled offence---Upon forming such opinion, Anti-Terrorism Court needs to still transfer the case to a court of competent jurisdiction to pass in relation to offences which do not constitute an offence of terrorism or a scheduled offence under Anti-Terrorism Act, 1997. (c) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6, 7, 23---Penal Code (XLV of 1860), Ss. 302, 324, 337-F(iii), 148---Act of terrorism--- Factor of fear--- Scope--- On the allegations of Qatl-i-amd, attempt to Qatl-i-amd, Ghayr-Jaifah Mutalahimah and rioting armed with deadly weapons, trial was pending before Anti-Terrorism Court---Petitioner/accused sought transfer of case to Court of ordinary jurisdiction---Validity---Cultivation of fear as deterrence was the effect of action of claiming a human life---What distinguished imposition of sanction by State and imposition of sanction by a private party was intent behind such act---Cultivation of fear in and of itself could not be the determinant of whether an action had qualified as terrorism---Order passed by Anti-Terrorism Court refusing to transfer case to Court of ordinary jurisdiction was perverse in terms of its reasoning and conclusions drawn in view of evidence led by two prosecution witnesses with regard to the effect of actions attributed to the accused---Order in question was rendered by misapplying section 6 of…

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