Law:

Section:

Penal Code (XLV of 1860)--S. 302---Anti-Terrorism Act (XXVII of 1997), S. 6---Constitution of Pakistan (1973), Art. 185(3)---Terrorist act---Murder of civil servants with Kalashnikov---Leave to appeal was granted by Supreme Court to examine the contention that the offence alleged against the accused under 5.302, P.P.C. if amounted to a terrorist act as defined in S. 6, Anti-Terrorism Act, 1997, then notwithstanding the fact that the act was not committed with the weapon mentioned in the Sched. to Anti-Terrorism Act, 1997 or that the persons were not public servants would still be cognizable by a Special Court, Anti-­Terrorism and whether in view of the allegations in the F.I.R. against accused, the case was exclusively triable by the Special Court Anti­ Terrorism. Mehram Ali v. Federation of Pakistan PLD 1998 SC 1445 ref. Iqbal Raad, Advocate-General, Sindh for Petitioner. Azizullah Shaikh, Advocate Supreme Court, Farooq H. Nark, Advocate Supreme Court and Faizanul Haque, Advocate-on-Record for Respondent. Date of hearing: 12th July, 1999. ORDER SAIDUZZAMAN SIDDIQUI, C.J.---The petitioner is seeking leave to appeal against the judgment of a learned Division Bench of High Court of Sindh, dated 25-5-1999 whereby the learned Judges accepted the revision application filed by the respondent and transferred the case pending before the learned Judge Special Court Anti-Terrorism, Hyderabad and Mirpurkhas Division at Hyderabad to the Court of learned 'Special Judge for Suppression of Terrorist Activities at Hyderabad for disposal according to law. 2. In seeking leave to appeal against the impugned judgment, the learned Advocate-General, Sindh, contended that the case against the respondent registered under section 302, P.P.C. is exclusively triable before the Special Court Anti-Terrorism, Hyderabad and Mirpurkhas Division at Hyderabad as the murder was committed with the kalashnikov and the deceased involved in the case were public servant. It is further contended bar the learned Advocate-General that apart from the fact that the murder was committed with the help of kalashnivkov and the 2 deceased in the case were public servant, the case otherwise fell within the…

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