| Citation(s) |
|---|
| 2007 SLG 1377 2007 SLD 1377 2007 SCMR 1310 |
Supreme Court of Pakistan
Criminal Petition No.1942/L of 2006, decision dated: 1st November, 2006
FAQIR MUHAMMAD KHOKHAR AND GHULAM RABBANI, JJ
M.A. Zafar, Advocate Supreme Court and Ch. Anwar Ahmad Khan, Advocate-on-Record for Petitioner Nemo for
Respondents
Criminal Petition No.1942/L of 2006, decision dated: 1st November, 2006
FAQIR MUHAMMAD KHOKHAR AND GHULAM RABBANI, JJ
M.A. Zafar, Advocate Supreme Court and Ch. Anwar Ahmad Khan, Advocate-on-Record for Petitioner Nemo for
Respondents
MEHBOOB AHMAD
VS
SPECIAL JUDGE, ANTITERRORISM COURT, FAISALABAD and others
Law:
Section:
Penal Code (XLV of 1860)--- ----Ss. 365-A/343/384/148/149/34---Constitution of Pakistan (1973), Art.185(3)---High Court after going through the material placed before it had reached the conclusion that, prima facie, offence under S.365-A, P.P.C. was attracted in the case---Anti-Terrorism Court, therefore, had justifiably assumed jurisdiction---Findings recorded by High Court did not need to be substituted by Supreme Court in the absence of any compelling reason---Impugned judgment did not suffer from any legal infirmity---Leave to appeal was refused accordingly. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J. --- The -Petitioner is an accused in F.I.R. No.410 registered for offences under sections 365-A/148/149/343/384 and 34, P.P.C. He is being tried by the Anti-Terrorism Court, Faisalabad. He moved an application under section 23 of the Anti-Terrorism Act, 1997 for transfer of the case to an ordinary Court which was declined. Therefore, he filed Writ Petition No.8754 of 2006 which was dismissed by a learned Division Bench of Lahore High Court, Lahore, vide impugned judgment, dated 5-10-2006. 2. The learned counsel argued that at one point of time the offence under section…
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