Law: Anti Terrorism Act, 1997

Section: 19(3),23,32

Law: Criminal Procedure Code (V of 1898)

Section: 497,526,528

Law: Penal Code (XLV of 1860)

Section: 1324,109,148,149

Law: Pakistan Arms Ordinance, 1965

Section: 13(2a)

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 19(3), 23, 32, Third Sched., Entry No.4, Serial No. (iii)---Criminal Procedure Code (V of 1898), Ss. 497, 526, 528---Penal Code (XLV of 1860), Ss. 324, 109, 148 & 149---Pakistan Arms Ordinance (XX of 1965), S. 13(2a)---Firing in Court premises---Post-arrest bail---Jurisdiction---Transfer of case from a Court of ordinary jurisdiction to Anti-Terrorism Court---Scope---During proceedings of the case, it was observed that place of occurrence in the present case was a court premises and injury had been caused by firing---Entry-4 of the Third Schedule of the Anti-Terrorism Act, 1997 clearly indicated that offences mentioned thereunder were exclusively triable by the Anti-Terrorism Court---Under said entry at Serial No. iii, offence of firing in the court premises was mentioned, therefore, despite the offence being result of personal vendetta where offence of terrorism was not attracted, it shall be triable by the Anti-Terrorism Court---Challan of present case had been put before the Court of Magistrate who though did not have jurisdiction but commenced the trial and entertained the bail petition as well---Counsel for the accused-petitioner submitted that he would not press the petition provided the case be transferred to Anti-Terrorism Court, so that he could move the bail petition before such Court---Though by virtue of S. 32 of Anti-Terrorism Act, 1997, an Anti-Terrorism Court is deemed to be a Court of Sessions but as the case was entrusted to the Magistrate by the Sessions Judge under S. 17 of Cr.P.C. and was also empowered to withdraw a case from the Court of Magistrate under S. 528 of Cr.P.C, therefore, Magistrate shall stay the proceedings and will submit case, with a brief report explaining its nature, to the Sessions Judge for onward transmission to the Anti-terrorism Court for its opinion---An Anti-Terrorism Court for that purpose was deemed as Magistrate authorized under S. 190, Cr.P.C. which gave powers to take cognizance of an offence on police report, private complaint and upon his own information---On taking cognizance by the Anti-Terrorism Court, it could decide the jurisdiction either to assume it under…

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