| Citation(s) |
|---|
| 2011 SLG 6559 2011 SLD 6559 2011 PCRLJ 1022 |
Gilgit Baltistan Chief Court
Criminal Miscellaneous No. 35 of 2010, decided on 14th December, 2010.
Before Raja Jalal-ud-Din C.J. and Sahib Khan, J
Malik Haq Nawaz for Petitioner. Deputy Advocate-General for the State. Amjad Hussain for the Complainant.
Criminal Miscellaneous No. 35 of 2010, decided on 14th December, 2010.
Before Raja Jalal-ud-Din C.J. and Sahib Khan, J
Malik Haq Nawaz for Petitioner. Deputy Advocate-General for the State. Amjad Hussain for the Complainant.
ASADULLAH alias SHAKIRULLAH---Petitioner
VS
THE STATE---Respondent
Law: Penal Code (XLV of 1860)
Section: 302/337-A/337-11/440/34/109/114
Law: Anti-Corruption Establishment Ordinance, (XX of 1961)
Section: 6,7/21-C(7)(f),21-F,21-G,23
Law: Juvenile Justice System Ordinance, 2000
Section: 4,14
Penal Code (XLV of 1860)--- ----Ss. 302/337-A/337-11/440/34/109/114---Anti-Terrorism Act (XXVII of 1997), Ss. 6, 7/21-C(7)(f), 21-F, 21-G & 23---Juvenile Justice System Ordinance (XXII of 2000), Ss.4 & 14---Qatl-e-amd, causing Shajjah, rash or negligent act and mischief-Application for transfer of case from Anti-Terrorism Court to Juvenile Court---Contention of accused was that he being minor, could only be tried by court specially constituted under Juvenile Justice System Ordinance, 2000, irrespective of the charge under Anti-Terrorism Act, 1997---Deputy Advocate General had submitted that mere juvenility of accused who was charged under Ss. 6 & 7 of Anti-Terrorism Act, 1997 coupled with other charges of P.P. C., could not take away the jurisdiction of a court constituted under Anti-Terrorism Act, 1997 having exclusive jurisdiction over the charges of Anti-Terrorism Act, 1997---Anti-Terrorism Act, 1997, which was a special law was enacted for the trial of the scheduled offences provided under the said Act---Juvenile Justice System Ordinance, 2000 was also a special law and was for trial of special class of offenders defined thereunder, and said Ordinance provided exclusive jurisdiction to court constituted thereunder in a case where an accused was below the age of 18 years---Said Ordinance being later law, had further provided that its provisions would not be in derogation of any law, but would be in addition to laws prevailing at the moment when said Ordinance, was promulgated---Anti-Terrorism Act, 1997 was enforced in 1997, much prior to the Juvenile Justice System Ordinance, which was promulgated, in 2000---Later law/Juvenile Justice System Ordinance, 2000, in circumstances, would never affect provisions of Anti-Terrorism Act, 1997---Section 14 of Juvenile Justice System Ordinance, 2000 had strengthened the view that the court constituted under Anti-Terrorism Act, 1997 had jurisdiction over the scheduled offence, irrespective of any limit of age or any other class of offenders---Section 21-G, which was latest insertion in Anti-Terrorism Act, 1997, had overriding effect over all the related provisions and provided exclusive jurisdiction to the…
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