Law: Criminal Procedure Code (V of 1898)

Section: 161

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 8,9,10,13D

Suppression of Terrorist Activities (Special Courts) Act (XV of 1975)--- ----Ss. 4, 5 & Sched., cl.(ii-a), (c)---Criminal Procedure Code (V of 1898), S:561-A---Special Court, jurisdiction of ---F.I.R. showed that the accused had used Kalashnikov in the occurrence---Case was initially challaned before the Sessions Judge, as Sessions case but subsequently the same was transferred to the Special Court---Case was once against transferred from the Special Court to the Court of Sessions during the pendency of the trial--­ Validity---Where the weapon of offence mentioned in the F.I.R. was Kalashnikov and there remained more than six witnesses to be examined and the fate of the case was to be decided on the conclusion of the trial, case fell within the ambit of Suppression of, Terrorist Activities (Special Courts) Act, 1975 and was triable by. Special Court for Suppression of Terrorist Activities---Case was ordered to be withdrawn from the file of the Sessions Judge and transferred to the file of the Special Judge. Allahdin and 18 others v. The State and another 1994 SCMR 717 and Azhar Hussain v. Government of Punjab and others 1992 PCr.LJ 2308 distinguished. 1999 PCr.LJ 476 rel. ORDER Impugned in this revision is order dated 17-1-2000 of the learned Special Judge for Suppression of Terrorists Activities, Karachi (South), where by Special Case No.34 of 1999 (The State v. Nasir Abdul Qadir Hussain and Niaz Hussain) was withdrawn from the file of Special Court for Suppression of Terrorists Activities and was transferred to the file of the learned District and Sessions Judge, Karachi (South). 2. The facts leading to the filing of this revision application are that on 14-10-1995 at about 11-45 p.m. respondent Nasir Hussain made a telephone call in the house of complainant Mst. Qamarunnisa that he was coming, which she disclosed to her husband. Thereafter, she went on upper portion of bungalow, whereas Muhammad Rafiq son of Amal Faqir; Muhammad Asif son of Muhammad Sarwar, Babar Raza son of Syed Muhammad Qasim and Noor Muhammad alias Nooro son of Sulaiman, her servants remained with her husband Ahmed Ali Soomro on the lower portion, when at about 11-45 p.m. the bell of…

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