Law: Offences Against Property (Enforcement of Hudood) Ordinance, 1979

Section: 20

Law: Anti-Terrorism Act, 1997

Section: 7

(i)   Offence Against Property (Enforcement of Hudood) Ordinance, 1979-- —S. 20, Anti-Terrorism Act, 1997--S. 7 r/w S. 412 of Pakistan Penal Code,                       1860-Conviction and sentence-Challenge to-Robbery on gun point and was deprived off from heavy amount and articles-Applicability- Jurisidction-Held: A party aggrieved of decision passed without jurisdiction can raise controversy before appellate Court in such hierarchy and if appellate Court come to conclusion that decision so made was without jurisdiction it can set aside order on ground of illegal .assumption of jurisdiction-Further held-On basis of wrong exercise of jurisdiction by a trial Court-Order cannot be assailed before any. appellate Court-Case remanded.                             [Pp. 201 & 202] B & C (ii) Administration of Justice-- —-Anti-Terrorism Act, 1997, S. 7--Jurisdiction-If a Court not possessed of jurisdiction to try a case, wrongly assumed jurisdiction and exercise power not vested in it appeal from decision would lie in same manner as an appeal would lie from a decision made with jurisdiction. [P. 201] A PLD 1973 SC 363 and 1999 P.Cr.L.J. 1636 ref. Date of hearing : 14.5.2004.                                                                                                                      judgment This jail appeal is directed against the judgment dated 11.3.2004 passed by the learned Judge, Anti-Terrorism Court, Hazara Division at Abbottabad whereby appellants Ishtiaq Ahmad son of Muhammad Akhtar, Muhammad Arshad son of Muhammad Aslam and Tahir Mehmood son of Mumraiz Khan were convicted under Section 20 of…