| Citation(s) |
|---|
| 2021 SLG 78 2021 SLD 78 2021 SCMR 136 |
Supreme Court of Pakistan
Civil Petition No. 1285 of 2020, decision Dated: 3rd August, 2020, hearing Date : 3rd August, 2020. (Against the judgment Dated 12.03.2020 passed by the Lahore High Court at Rawalpindi Bench in W.P. No. 3673 of 2019)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Ch. Abdul Khaliq Thind, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record Nemo for
Respondent.
Civil Petition No. 1285 of 2020, decision Dated: 3rd August, 2020, hearing Date : 3rd August, 2020. (Against the judgment Dated 12.03.2020 passed by the Lahore High Court at Rawalpindi Bench in W.P. No. 3673 of 2019)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Ch. Abdul Khaliq Thind, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record Nemo for
Respondent.
JAHANGIR KHAN
VS
KHALID LATIF
Law: Anti Terrorism Act, 1997
Section: 6(2)(e),23
Law: Penal Code (XLV of 1860)
Section: 365-A
Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6(2)(e) 23---Penal Code (XLV of 1860), S. 365-A---Kidnapping or abduction for ransom---Transfer of case from court of ordinary jurisdiction to Anti-Terrorism Court on the orders of the High Court---Legality---Allegation against accused and co-accused persons was that they disguised in police uniforms ostensibly arrested and handcuffed the respondent, where after they attempted to transfer the respondent and his wife to another city by kidnapping them; they also snatched valuables including cash and gold ornaments from the respondent and his wife, and when a contingent of Highway Patrolling Police was attracted to the scene and rescued the family, the accused managed to escape with the loot---High Court by transferring the case to an Anti-Terrorism Court had discreetly attended the controversy leaving the fate of the case to be finally decided after recording statements of the prosecution witnesses, which course was correct in the face of accusations leveled by the respondent and his wife who allegedly endured the ordeal, with an option to the accused to re-agitate the issue afresh on the basis thereof before the Anti-Terrorism Court, if need be---View taken by the High Court did not suffer from any jurisdictional error or flaw and, thus, called for no interference---Petition for leave to appeal was dismissed and leave was refused. ORDER QAZI MUHAMMAD AMIN AHMED, J. is amongst the array of accused, who allegedly kidnapped Khalid Latif respondent along with his wife while the family was on way to Murree. The accused were clad in police uniform and ostensibly arrested and handcuffed the respondent for being an accused in some criminal case registered at Jhelum; they snatched valuables that included cash and gold ornaments. On way to Jhelum, the accused attempted to shift the respondent after crossing Mandra Toll Plaza when a contingent of Highway Patrolling Police was attracted to the scene and rescued the family,…
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