Law:

Section:

Penal Code (XLV of 1860)-- ----S. 353/186/324/34---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Ss.2(b)(c), 3 & 4---Anti-Terrorism Act (XXVII of 1997), S.6--Jurisdiction of Special Court---Accused persons were alleged to have taken the law in their hands when challenged by police party about the violation of ban regarding pillion riding---Allegations against accused persons being not covered by definition of "terrorist act" as provided under S.6 of Anti-Terrorist Act, 1997, offence of accused person did not fall within Schedule to AntiTerrorism Act, 1997---Member of police party who was injured having survived, offences against accused persons fell under S.324/353/34, P.P.C. which offences were not mentioned in Schedule of Anti-Terrorism Act, 1997 so as to confer jurisdiction of Court constituted under Anti-Terrorism Act, 1997--Further allegation against accused persons was that they used rifle and pistol but even in F.I.R. it was not narrated whether the alleged weapons were automatic or semi-automatic---Offence against accused persons, thus, were not triable by Court under Suppression of Terrorist Activities (Special Courtsj Act, 1975 and offences against accused persons under Ss.353 & 186, P.P.C. were also not scheduled offences under that Act---Court constituted under Suppression of Terrorist Activities (Special Courts) Act, 1975, thus, also had no jurisdiction to hear case in view of S.4 of Suppression of Terrorist Activities (Special Courts) Act, 1975---Court before whom challan of case against accused persons had to be submitted by S.H.O. was the Court of Area Magistrate and none else and bail application filed by accused persons, was to be first disposed of by Area Magistrate and not by Special Court.--[Jurisdiction]. ORDER MUHAMMAD NASEEM CHAUDHRI, J.--Crime Case No. 103, dated 18-8-1997 stands registered at Police Station Shah Nikdar, District Sargodha under section 353/186/324/34, Pakistan Penal Code at the instance of Muhammad Iqbal Constable posted in Police Station Shah Nikdar with the allegation that alohgwith Manzoor Hussain, A.S.I. and Safdar Iqbal, Constable both posted in P.S. Shah Nikdar, he was going in…

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