Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302/324/148/149/109---Anti-Terrorism Act (XXVII of 1997), Ss.6/7/23---Constitution of Pakistan (1973), Art.199---Constitutional petition---Application filed by the petitioner for transfer of case from the Anti-Terrorism Court to the court of ordinary jurisdiction, having been dismissed, petitioner had assailed order of dismissal in constitutional petition---Occurrence had taken place on a bridge where apart from rival party, many other people were also present---Apart from three persons from the rival party two passersby lost their life, while 12 others suffered firearm injuries---Such was neither a private nor an isolated place where there was no risk for general public-Result of the occurrence itself had shown that apart from the deceased and injured passersby there must be many more who must have felt a sense of insecurity as a result of occurrence---Prima facie, it could not be presumed before recording of evidence, for the purposes of determining jurisdiction of the court that the act was not one of terrorism---In the present case, death of two passersby and injuries to 12 others, prima facie indicated that apart from them many others were also present at the time of occurrence, which must have created sense of insecurity in the general public---Constitutional petition was dismissed in circumstances. Tariq Mahmood v. The State and others 2008 SCMR 1631 and Mohabbat Ali and another v. The State and another 2007 SCMR 142 ref. ORDER MUHAMMAD KHALID ALVI, J.--- Brief facts of the case are that petitioner along with others is facing trial before Special Judge Anti-Terrorism Court No.1, Gujranwala in case F.I.R. No.201 of 2007 dated 8-6-2007 under sections 302, 324, 148, 149 and 109, P.P.C. read with sections 6/7 of A.T.A. registered at Police Station Ferozewala District Sheikhupura. 2. Petitioner filed an application under section 23 of the A.T.A., 1997 for transfer of his case from the said Court to the Court of ordinary jurisdiction, which application was dismissed vide order, dated 8-7-2009. This order is being assailed through instant constitutional petition. 3. It is contended by learned counsel for petitioner that…

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