Law: Anti Terrorism Act, 1997

Section: 6

Anti-terrorism Act (XVII of 1997)--- ----Ss. 6 & 7---Penal Code (XLV of 1860), Ss.302/324/34---Constitution of Pakistan (1973), Art.199---Constitutional petition---Attack in day time by twenty six (26) accused persons after making announcement from mosque to attack complainant party---Direct firing by accused from four sides on complainant party resulted into death of one person and injuries to three (3) persons---Constitutional petition for transfer of case from Anti-Terrorism Court to Court of general jurisdiction---Plea that occurrence was based on enmity between parties and accused never intended to strike terror or fear to public at large---Validity---If accused wanted to confine effect or fear of their attack to complainant party, then they would not have gone to mosque to snake their intention known to public at large----Purpose of going of accused to mosque (House of the God) before such attack would not be other than to terrorize the people of the vicinity---Purpose of accused to commit occurrence in such manner was to cause fear and create panic, terror and traumatic effect in whole vicinity---Mosque was a public place to which public or Ummah had free access---Provision of S.6 of Anti-Terrorism Act, 1997 would apply to such case---High Court dismissed constitutional petition in circumstances. 2005 PCr.LJ 957; PLD 2004 Lah. 199; PLD 2004 Lah. 267; PLD 2UU5 SC 530 and 2007 SCMR 142 distinguished. Muhammad Farooq v. Ibrar PLD 2004 SC 917 rel. ORDER The learned counsel has filed this writ petition to call in question order of the learned Judge, Anti-Terrorism Court-II, Gujranwala, The petitioner wanted transfer of his case from the ATC Court to the court of general jurisdiction in F.I.R. No.118, dated 1-4-2007, registered at P.S. Saddar, Gujrat. 2. According to the impugned order, time and mode of the occurrence in which one person was murdered and three injured by 26 accused, created sense of fear and insecurity in the public at large. 3. The learned counsel contended that the occurrence is based on enmity between the parties. Neither there was intention of the accused persons to strike terror or fear to the public at large nor actually it happened.…

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