Law: Pakistan Penal Code, 1860

Section: 365A,34

Law: Constitution of Pakistan, 1973

Section: 12(1)

Law: Anti Terrorism Act, 1997

Section: 6,12,12(1),ThirdSchedule,12(3),38

Anti-Terrorism Act (XXVII of 1997)-------Ss. 6, 12, 38, 28 & Third Schedule [as amended by Anti-Terrorism (Second Amendment) Act, 2004 (II of 2005)]---Penal Code (XLV of 1860), S.365-A read with S. 34---Constitution of Pakistan (1973), Arts. 199 & 12- Constitutional petition---Abduction or kidnapping for ransom---"Terrorism"---Transfer of case---Jurisdiction---Sentence---Procedure---Trial, in the present case was being held by Additional Sessions Judge and during the said trial the Anti-Terrorism (Second Amendment) Act, 2004 was enacted by which offence of "abduction or kidnapping for ransom" was included in the Third Schedule appended with the Anti-Terrorism Act, 1997 making such offence triable exclusively by an Anti-Terrorism Court constituted under the Anti-Terrorism Act, 1997---Complainant (petitioner) submitted application before the Anti-Terrorism Court invoking jurisdiction of that Court, under S.12 of the Anti-Terrorism Act, 1997 seeking calling for the record of the case from the Court of Additional Sessions Judge so that the case could be tried by the Anti-Terrorism Court---Application of the complainant was, however, dismissed by the Judge, Anti-Terrorism Court---Validity---Held, after introduction of the Anti-Terrorism (Second Amendment) Act, 2004, the case had to be transferred to Anti-Terrorism Court because now only such a Court as constituted under the Anti-Terrorism Act, 1997 had the exclusive jurisdiction to try the same and sentence, if any, to be passed against any accused person found guilty, in the case by the Judge, Anti-Terrorism Court; could not be greater than, or of a kind different from the sentence prescribed by the relevant law for the relevant offence at the time the said offence was committed---Change of forum of trial by operation of law was ordinarily applicable to all pending cases and retrospectivity or otherwise of application of such law was not a relevant consideration in that regard---Judge, Anti-Terrorism Court, was not justified in dismissing the complainant's application seeking transfer of the case in circumstances---High Court clarified that keeping in view the provision of Art. 12 of the Constitution as…

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