Law:

Section:

Anti Terrorism Act (XXVII of 1997)---- ----Ss. 6, 12 & 23---Constitution of Pakistan (1973), Art. 185(3)--­ Terrorist act---Jurisdiction of Special Court under S.12 of Anti­ Terrorism Act, 1997---Determination---Principles---Accused persons were involved in murder of seven persons in a house at night time--­ Application for transfer of the case to the Court of ordinary jurisdiction was declined by Special Court as well as High Court---Validity---Venue of commission of a crime; the tinge of occurrence the motive which had led to the commission of a crime and the fact whether the said crime had or had not been witnessed public at large are not the only factors determining the issue whether a case did or did not fall within the parameters of Anti-Terrorism Act of 1997---Crucial question for determination is whether the crime had or had not the effect of striking terror or creating a sense of fear and insecurity in the people or any section of the people---Crime committed even in a remote corner does not remain unnoticed in the area in which it is committed or even in the country on account of the print and electronic media---Seven persons being butchered in a house at night was not the kind of occurrence which would not create terror and horror in the people or any section of the people---No factual or legal infirmity existed in the orders passed by the Special Judge or the order passed by the High Court whereby the case was declined to be transferred to the Court of ordinary jurisdiction--­Leave to appeal was refused. ORDER KHALIL-UR-REHMAN RAMDAY, J.---In an occurrence which had allegedly taken place on 18-9-2001 at about TAHAJJAD WELA in the area of Police Station Sabzi Mandi Gujranwala, 7 persons had been gunned down at the Dera of Muhammad Ahsan complainant. A case bearing F.I.R. No.457, dated 18-9-2001 was consequently registered at the abovementioned Police Station under sections 302/109/ 148/149, P.P.C. As per the record the provisions of sections 6/7 of the Anti-Terrorism Act of 1997 were subsequently added which made the case triable by a Special Court under the said Act of 1997. 2. The petitioner herein who is also one of the accused…

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