2007 PLP 124 (MLD)

Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner has challenged the order (Annexure-D) passed by the learned Special Judge, Anti Terrorism Court-I, Lahore through which he has dismissed the application of the petitioners for transfer of this case to the ordinary Court:

2. The petitioners are accused in case F.I.R. No.147-2006, dated 29-7-2006 registered at Railway Police Station, Lahore under sections 324, 224, 225, 353, 427, 148/149, P.P.C. read with sections 127/128 of Railway Act and section 7 of ATA on the statement of Muhammad Younas, constable of Railway Police, Narowal for getting released an accused from the police custody and causing damage to the railway property.

3. The learned counsel for the petitioners contends that the offence under section 7 of ATA is not attracted and the petitioners moved an application for the transfer of present case to the ordinary Court, but the learned trial Court dismissed the same illegally without considering that no incriminating material was recovered from the petitioners and the case was triable by the Court of normal jurisdiction as no act of terrorism had been allegedly committed by the petitioners.

4. We have heard the arguments advanced by the learned counsel for the petitioners and gone through the contents of F.I.R. as well as the impugned order.

5. As per contents of the F.I.R., the petitioner Imtiaz Butt was apprehended by the Railway Police and handed over to Muhammad Younas and Muhammad Anwar constables. Imtiaz Butt (petitioner) was in handcuffs and boarded by the said constables in the train. When the train started from the Railway Station Mehta Soja, all of a sudden Muhammad Yasin Butt (father of Imtiaz petitioner), his brother Muhammad Nawaz Butt and Tahir Aziz, Jehangir, Kaka Butt, Ziarat Shah and 13/14 unknown persons armed with firearms entered in the said Boghi, who made firing which prima facie created fear and terror amongst the persons in the train. Muhammad Nawaz Butt (co-accused) also removed pipe due to which the train was stopped and unknown persons threw stones upon the said boghi resulting in the glasses of the windows were broken. Thus, the aforesaid persons through such activities got released the petitioner Imtiaz Butt from the custody of police forcibly. After perusal of contents of the F.I.R., we find that the offence under section 6(2)(m)(n) of ATA, 1997 is prima facie made out. Even otherwise after arrest of Imtiaz Butt (petitioner), the handcuff was recovered from his possession and the weapons of offence were also recovered from the other petitioners. In such circumstances, we do not find any irregularity and improbability committed by the learned trial Court, while passing the impugned order. Consequently, this writ petition being devoid of any merits is dismissed in limine. H.B.T./I-61/L?????????????????????????????????????????????????????????????????????????????????????? Petition dismissed.