Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302/324/148/149---Anti-Terrorism Act (XXVII of 1997), Ss.7 & 23---Constitution of Pakistan, Art.199---Consti­tutional petition---Qatl-e-amd, attempt to commit qatl-e-amd and terrorism---"Terrorism "--- Scope--- Application for transfer of case to the court of ordinary jurisdiction---Petitioner had prayed for setting aside order whereby his application filed under S.23 of Anti-Terrorism Act, 1997 for transfer of his case to the court of ordinary jurisdiction, was dismissed by Special Judge Anti-Terrorism---Validity---Victims of alleged occurrence were ambushed on the road, where accused persons resorted to indiscriminate firing with `Kalashnikovs' on the vehicle in which the complainant party was travelling---As a result of firing of the accused persons, traffic coming from the both sides of the road was blocked--Incident might be the result of previous enmity between the parties, but the place of occurrence selected by accused persons for launching a murderous attack on their opponents was not a private place---Use of kalashnikovs for hitting the vehicle of the victims on a busy public road, not only resulted in disruption of flow of traffic, but also created a serious risk to safety of the public gathered on the said road---While determining the nature of an act for the purposes of attracting the provisions of Ant-Terrorism Act, 1997, the impact of the act of accused persons on the general public, was of vital importance and not the intention of accused---In the present case, the act of accused persons, not only disturbed the normal activities of the public at large, but also made them feel helpless and frightened---Case of accused persons squarely fell within the definition of `Terrorism' as provided in S.6 of Anti-Terrorism Act, 1997; and Special Judge, Anti-Terrorism Court had rightly dismissed the application of the petitioner for sending the case to the ordinary court---No ground having been made out for setting aside the impugned order, constitutional petition was dismissed. JUDGMENT SH. AHMAD FAROOQ, J.--Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the…

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