Law: Anti Terrorism Act, 1997

Section: 23

Law: Penal Code (XLV of 1860)

Section: 365-A

(a) Anti-Terrorism Act (XXVII of 1997)--- ----S. 23---Penal Code (XLV of 1860), S. 365-A---Power to transfer cases to regular Courts---Kidnapping or abducting for extorting property, valuable security---Scope---Complainant reported an incident of abduction of his son while he was travelling with the accused---Accused, on being investigated, confessed that he had abducted the son of complainant and murdered him---Dead body of the son of complainant was recovered on the indication of accused, which was buried in a house rented by the accused---Accused filed an application under S. 23 of Anti-Terrorism Act, 1997, before the Anti-Terrorism Court for transfer of his case to the court of ordinary jurisdiction which was dismissed vide impugned order---First Information Report was blind qua identity of the accused and was in fact based on the narrative disclosed by the accused himself---Entire emphasis of the defence counsel to defeat jurisdiction of the Anti-Terrorism Court was on evidence of the complainant admitting that he had not received the call for ransom after son went missing, which according to him took the case off the ambit of S. 365-A, P.P.C. making it a simple murder case triable by the court of ordinary jurisdiction---If agreed, this approach would manifestly tend to overlook revelations made by the accused in his confession regarding motive part---Trial Court had yet to evaluate the evidentiary value of the confession and its impact on factual merit of the case thus, it would be premature to hold that the case did not fall under S. 365-A, P.P.C. and that Anti-Terrorism Court had no jurisdiction---Application for transfer of case to the court of ordinary jurisdiction at present point of time must fail and was dismissed accordingly. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 7 2(t)---Penal Code (XLV of 1860), S. 365-A---Abducting or kidnapping for ransom---Act of terrorism---Scheduled offence---Scope---Anti-Terrorism Court has jurisdiction to try the heinous offences mentioned in Entry No. 4 of the Third Schedule in addition to the offences constituting terrorism---Accused can be punished in the first category of cases only for commission of those…

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