Law: Penal Code (XLV of 1860)

Section: 302 , 324 , 34

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

Section:

Penal Code (XLV of 1860)-- ---- S. 302/324/34 --- Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), SA & Sched., Cls.(c) & (cc)---Constitution of Pakistan (073), Art - 199 --- Constitutional petition---Transfer of private complaint to Special Court --- Case registered under S. 302/324/34, P.P.C. against the petitioner and others was pending in the Court of Special Judge, Suppression of Terrorist Activities --- Petitioner also filed a private criminal complaint against the complainant of the aforesaid challan case and another under S.302/324/34, P.P.C. in which the accused had been summoned by Sessions Court -- Petitioner had sought the transfer of his complaint case to the said Special Court on the sole ground that the murder had been committed in one and the same transaction and in combination of the offences --- Private complaint revealed that the offences had been allegedly committed by the accused by pistols and 12-bore gun which ,were not included in cls. (c) & (cc) of the Sched. attached to Suppression of Terrorist Activities (Special Courts) Act, 1975 and the same were therefore, triable by the ordinary Court and not by the Special Court --- Constitutional petition was dismissed accordingly. Rafaqat Ali v. Hidayat Ali and others 1986 PCr.LJ 989; The State and another v. Mushtaq and others 1981 PCr.LJ 1045; Abdul Rehman BaJwa v. Sultan and 9 others PLD 1981 SC 522; Sher Akram v. Sher Qadir and another 1994 SCMR 1092; Wazid Moral alias Wazid Ali and 13 others v. The State and another'1970 PCr.LJ 652; Muhammad Sadiq v. The State and another PLD 1971 SC 713; Muhammad Javaid v. Judge, Special Court and others 1995 PCr.LJ 666; Muhammad Arshad Mughal v. The State 1991 PCr.LJ 780; Faisal Rashid v. The State 1991 PCr.LJ 2331; Bakhtiar Ahmed v. The State 1991, PCr.LJ 2398; Khan alias Haji Khan v. The State 1991 PCr.LJ 323 and Muhammad Raza Irani alias Muhammad Irani v. Government of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Islamabad and 2 others 1991 PCr.LJ 583 ref.   Chularn Shabbir and 37 others v. Punjab Special Court (Suppression of Terrorist Activities) Act and others 1992 PCr.LJ…