Law:

Section:

(a) West Pakistan Arms Ordinance (XX of 1965) S. 13 A Suppression of Terrorist Activities (Special. Courts) Act (XV of 1975), Sched., para. (c) Constitution of Pakistan (1973), Art. 185(3) Leave to appeal was granted to interpret the words and expression "automatic or semi automatic weapon such as Klashnikov, G 3 rifle or any other type of assault rifle" used in the Suppression of Terrorist Activities (Special Courts) Act, 1975, and to examine whether the mauser pistols allegedly recovered from the accused, being automatic and semi automatic were also such as the rifles mentioned in the Act. (b) West Pakistan Arms Ordinance (XX of 1965) S. 13 A Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Sched., para.(c) Mauser Connotation Mauser as such is not a weapon but is the name of the manufacturer (from Germany) of the pistols and revolvers . Mauser pistol is a type of automatic pistol made by Mauser of Germany. [Words and phrases]. Gupta's Ballistic Fire Arms and Jurisprudence ref. (c) West Pakistan Arms Ordinance (XX of 1965) S. 13 Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Sched., para. (c) Constitution of Pakistan (1973), Art. 185 ¬Jurisdiction of Special Court Pistols allegedly recovered from the accused were not the product of mauser but were a local production and did not fall within the category of the weapons necessitating their trial exclusively by the Special Court High Court, therefore, had rightly held the trial of accused before the Special Court to be coram non judice Appeals were dismissed accordingly. JUDGMENT MUHAMMAD RAFIQ TARAR, J. The above two appeals are being disposed of through this judgment. These are directed against the judgment of the learned Division Bench of the Lahore High Court dated 24 11 1990 whereby appeals of the respondents against their conviction under section 13 of the West Pakistan Arms Ordinance, 1965 recorded by the Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1975 were allowed holding the trial before the Special Court to be coram non judice with the observation that the State "would be well within its rights to submit…

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