Case Details

Citation(s)
2002 SLG 1364 2002 SLD 1364 2002 SCMR 1225
Supreme Court of Pakistan
Civil Petition No.3430-L of 2001, decision dated: 22-03-2002, hearing DATE : 22-03-2002. (On appeal from the order, dated 22-10-2001 of the Lahore High Court, Lahore, passed in W. P. No. 18526 of 2001)
JAVED IQBAL, HAMID ALI MIRZA AND TANVIR AHMED KHAN, JJ .
Khan Muhammad Vehniwal, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Petitioner. Chaudhry Afrasiab Khan, Advocate Supreme Court and Anwar H. Mir, Advocate-on-Record for
Respondents Nos.3 to 8. Ch. Muhammad Akram, Advoc

ZIA ULLAH-

VS

SPECIAL JUDGE, ANTITERRORIST COURT, FAISALABAD and 7 others

Law:

Section:

(a) Administration of justice--- Expeditious disposal of case---Affected parties trying their best to create numerous hurdles under the garb of law to get the., same delayed---Such practice deprecated. (b) Anti-Terrorism Act (XXVII of 1997)----S.6 [as substituted by Anti-Terrorism (Amendment) Ordinance (XXXIX of 2001)) & S.23---Penal Code (XLV of 1860), Ss.302/324/148/149--­Constitution of Pakistan (1973), Arts. 185(3.) & 199---Constitutional petition before High Court---Transfer of case to regular Court---Murder of Advocate in Court vicinity and injuring Assistant Sub-Inspector of Police with fire­ arms---Special Court rejected transfer application of accused, but High Court accepted their Constitutional petition and withdrew the case from Special Court and transferred the same to Sessions Judge---Validity---Alleged murder of Advocate in Court vicinity, who was in his robe, had been committed in a wanton, reckless and brutal manner, and one Assistant Sub-Inspector of Police had been injured by means of the fire-arms---Deceased Advocate was on his way to Court to conduct trial of a murder case, while Assistant Sub-Inspector of Police was going to get his statement recorded in a criminal case---Occurrence was the result of indiscriminate firing causing sensation and wave of panic, which amounted to sense of insecurity not only amongst a section of public, but community of Advocates as well---Gravity of the offence could not be diminished or minimized merely on the ground that alleged occurrence had not taken place exactly within the Court premises--­Examination of provisions of S.6(i)(b), (2)(a)(m)(n) would render irresistible conclusion that alleged occurrence fell within the ambit of S.6 of Anti-Terrorism Act, 1997---Invocation of Constitutional jurisdiction by filing Constitutional petition by accused after recording of statements of six witnesses in the case demonstrated propensity to get the trial prolonged for reasons best known to them---Contents of F.I.R. had neither been read properly nor understood in its true perspective, which had resulted in serious miscarriage of justice on the one hand and had protracted the trial on the other without any…
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