| Case ID |
0076a2a6-aa4a-4f66-bd45-652960b2149f |
| Body |
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| Case Number |
Writ Petition No. 4577 of 1997/BWP |
| Decision Date |
Sep 25, 1997 |
| Hearing Date |
|
| Decision |
The court dismissed the petition, holding that the transfer of the case to the Special Court was valid under the provisions of the Anti-Terrorism Act, 1997. The court reasoned that once a prima facie case of a scheduled offence is established, the jurisdiction shifts exclusively to the Special Court. The arguments presented by the petitioner regarding the lack of transfer provisions in the Anti-Terrorism Act were rejected, as the law clearly stipulates automatic transfer of relevant cases. The decision emphasized that the Special Court has the exclusive authority to try such offences, thereby reinforcing the legislative intent behind the Anti-Terrorism Act. |
| Summary |
This case revolves around the legal implications of transferring criminal cases under the Anti-Terrorism Act, 1997. The Lahore High Court addressed the concerns of the petitioner regarding the jurisdiction of the Special Court, which was established to handle scheduled offences. The court clarified that the Anti-Terrorism Act allows for automatic transfer of cases pending in other courts once a scheduled offence is identified. The ruling reinforced the notion that the Special Court holds exclusive jurisdiction over these matters, thereby preventing ordinary courts from hearing such cases. This case underscores the significance of legislative frameworks in the justice system, particularly in addressing serious offences linked to terrorism and public safety. The decision may have broader implications for future cases involving the Anti-Terrorism Act, as it delineates the boundaries of jurisdiction and the procedural aspects of case transfers. Keywords such as 'Anti-Terrorism Act', 'jurisdiction', 'scheduled offences', 'Lahore High Court', and 'criminal law' are essential for understanding the legal landscape surrounding this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR, J
|
| Lawyers |
Jam Muhammad Ilyas for Petitioner,
Ch. Abdul Sattar, Standing Counsel for Pakistan
|
| Petitioners |
FAISAL IQBAL
|
| Respondents |
THE STATE and 3 others
|
| Citations |
1998 SLD 1243,
1998 PLD 371
|
| Other Citations |
PLD 1989 SC 633,
1992 PCr.LJ 2308,
1994 SCMR 717,
1990 PCr.LJ 1719,
1993 PCr.LJ 1805,
PLD 1971 Lah. 537,
PLD 1972 Lah. 880,
PLD 1976 Lah. 823,
PLD 1977 SC 273,
1992 SCMR 563,
PLD 1995 SC 281,
PLD 1976 SC 195,
PLD 1975 SC 66,
PLD 1993 SC 901
|
| Laws Involved |
Penal Code (XLV of 1860),
Anti-Terrorism Act (XXVII of 1997)
|
| Sections |
302,
324,
148,
149,
109,
2(e),
6,
7,
12,
13
|