Law:

Section:

(a) Special Courts for Speedy Trials (Repeal) Ordinance (XXIV of 1995)--- ----S. 2(2)(d)(e) & (3)---Effect---All cases pending before the Special Courts established under Special Courts for Speedy Trials Act, 1992 after its repeal stood transferred to the Court of Session which was empowered to transmit only those cases to other Courts which were earlier transferred to the said Special Court from the Court other than the Court of Session and not other cases. (b) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), S.302/148/149/109---Transfer of case---Quashing of transfer order---Case had been transferred from the Sessions Court to a Court established under the Special Courts for Speedy Trials Act, 1992 and after the repeal of the said Act the case under the command of the repealing Ordinance stood transferred to the Session:. Court and it could not be transferred to any other Court by the Sessions Court--­Order of Sessions Court sending such case to the Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1975 on the ground of the offence being a scheduled one was consequently quashed as a consequence whereof the case was deemed to be pending before the Sessions Court. (c) Special Courts for Speedy Trials (Repeal) Ordinance (XXIV of 1995)--- ----S. 2(2)(3)---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.4---Overriding effect---Repealing Ordinance (XXIV of 1995) being a special law providing the forum as also the manner of trial of cases after transfer had overriding effect on the Suppression of Terrorist Activities (Special Courts) Act, 1975. JUDGMENT This application has been moved by the complainant in case F.I.R. No.66/90 dated 21-5-1990 under sections 302/148/149/109, P.P.C. at Police Station Waneke Tarar, District Gujranwala seeking transfer of the said case from the Court of Mr. Zahoor Hussain, Judge Special Court for Suppression of Terrorist Activities, Gujranwala. 2. Admittedly the challan of the said case was originally submitted to the Court of Session, Hafizabad. The Federal Government in exercise of powers conferred under the Special Courts for…

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