Law: Suppression of Terrorist activities (Special Courts) Act, 1975

Section: 494 , 561

P L D 1995 Supreme Court 341 Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)--- -- 'S T--Criminal Procedure Code (V of 1898),, Ss. 494 & 561-A.- Constitution of Pakistan. (1973), Art. 165(3) --Special Court constituted under Suppression of Terrorist Activities Act, 1975 permitted the prosecution to withdraw the case registered against the accused persons-.-High Coin:; set aside the order of Special Court and case was ordered to be deemed to be Funding before the special Court: for adjudication in accordance with law-- Leave to appeal was granted to the accused to consider his contentions to the order of withdrawal passed by the District Magistrate was valid as 5.494' Cr.P.C. remained intact even after the promulgation of Suppression of Terrorist Activities Act, 1975; the order passed by the Special Court attained finality and there was no provision for suo motu interference by the sigh Court; S:7 of Suppression of Terrorist Activities Act, 1975 ousted the jurisdiction of the High Court and suo motu proceedings could not have been taken and provisions of S.561 A, Cr.P.C. could be invoked for purposes .of bail and not otherwise---Supreme Court, stayed the operation of the order of the High Court during pendency of appeal on accused 's furnishing bond etc. Munir Ahmad Bhatti, Advocate Supreme Court and Syed Abttl Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for the State, Date of hearing. 27th March, 1995.   ORDER SALEEM AKHTAR, J.--The petitioner seeks leave to appeal against the order of the learned Judges of the Division Bench of the High Court by which the   order passed by the Special Judge of the Special Court constituted under Suppression of Terrorist Activities Act, 1975 permitting the prosecution to withdraw the case registered against the petitioner was get aside and the case was ordered to be deemed to be pending before the Judge, Special Court for adjudication in accordance with law.   The brief facts are that on 10-5-1990, F.I.R. No. 177 was recorded at Police Station Paharianwala, District Gujrat under section 13/20/65 of the Arms Ordinance. According to the F.I.R. Klashnikov and loaded…