2012 P Cr (PLP)
Haji ALLAH NAZAR and others — Petitioners Versus SPECIAL JUDGE ANTI-TERRORISM COURT-II, QUETTA and others — Respondents
| Citation | 2012 P Cr (PLP) |
| Forum / Court | Balochistan |
| Bench Members | N/A |
| Parties | Haji ALLAH NAZAR and others — Petitioners Versus SPECIAL JUDGE ANTI-TERRORISM COURT-II, QUETTA and others — Respondents |
| Primary Law | Anti-Terrorism Act (XXVII of 1997) |
Q1: What are the key laws and sections cited in 2012 P Cr (PLP)?
This judgment primarily cites: Anti-Terrorism Act (XXVII of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 P Cr (PLP)?
The case was heard and decided by the Balochistan bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 P Cr (PLP) (Haji ALLAH NAZAR and others — Petitioners Versus SPECIAL JUDGE ANTI-TERRORISM COURT-II, QUETTA and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Wassay Tareen and Abdul Wadood Khan for Petitioners (in C.P. No. 601 of 2011).
- Abdul Wadood Khan for Petitioners (in C.P. No. 616 of 2011).
- Atiq Ahmed Khan, D.P.-G. for Respondents (in both Petitions).
- 4. We have heard M/s. Muhammad Wassay Tareen and Abdul Wadood Khan, Advocates, for the Petitioners, while Mr. Atiq Ahmed Khan, Deputy Prosecutor-General, heard for the Respondents.
Headnotes / Summary
Ss. 6, 7 & 28
Penal Code (XLV of 1860), Ss. 427/109, 447, 147, 148 & 149
Mischief causing damage to the amount of five lac rupees, criminal trespass
Transfer of case to ordinary court
Offences against accused were of simple nature like trespass or damage to a property of the opponent, which were punishable not more than two years
Record had shown that a dispute of personal nature existed between the parties for the determination of ownership of leased area
For cases of terrorism, falling under Ss.6 & 7 of the Anti-Terrorism Act, 1997, there must be not only Scheduled Offence under S.6 of the Anti-Terrorism Act, 1997, but also mens rea for creating intentional sense of terror or fear or insecurity in the society
Cases having background of personal enmity and taking private revenge, did not fall within the ambit of Ss.6 & 7 of the Anti-Terrorism Act, 1997
Special Judge, was not justified to reject application of accused for sending matter to the Court of Sessions Judge
Order of Special Judge was illegal as matter in question was within the domain of the regular courts
Cases were ordered to be withdrawn from the court of Special Judge and transferred to the court of Judicial Magistrate concerned for disposal in accordance with law, in circumstances.
Judgment & Decree
ABDUL QADIR MENGAL, J.
These Constitutional Petitions under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, arising out from the order dated 15-8-2011, passed by the Special Judge. ATC-II, Quetta, whereby, the application of the petitioners were rejected for sending the matter to the Court of Sessions Judge, holding that, as the petitioners have stopped the work of the respondent by show of force and created panic or sense of fear, therefore, Courts of Ordinary jurisdiction having no jurisdiction over the matter to try the same.
2. The facts as has been mentioned in the impugned order dated 15-8-2011, were that, one Masood Anwar filed a written report on 22-5- 2011, vide F.I.R. No.7 of 2011, that, the petitioners collectively on 22-5-2010 at 10-00 a.m., came to their mines of Iron Ore, and forcibly stopped the labourers from the work of their mines, they also damaged the machinery of the mines to receive them damage of Rs.5,00,000 (Rupees Five Lacs).
3. The Tehsildar after lodging the F.I.R. under sections 427/109, 447, 147, 148 and 149, P.P.C., inspected the place of incident, prepared the sketch of the same. On completion of the investigation, challan the matter before the Court of Special Judge ATC-II, Quetta, by adding sections 6 and 7 of the Anti-Terrorism Act, 1997.
4. We have heard M/s. Muhammad Wassay Tareen and Abdul Wadood Khan, Advocates, for the Petitioners, while Mr. Atiq Ahmed Khan, Deputy Prosecutor-General, heard for the Respondents.
5. After hearing the both sides, we have also perused the order dated 15-8-2011, passed by the Special Judge ATC-II, Quetta. Admittedly, the offences in which the case has been registered are of simple nature like the trespass or receiving damage to a property of the opponent more than Rs.50,000 (Rupees Fifty Thousand), which are punishable not more than two years.
6. Again, the record shows that, a personal nature of dispute existed between the parties, for the determination or ownership of the leased area. Whereas, in the cases of Anti-Terrorism, falling under sections 6 and 7 of the Anti-Terrorism Act, 1997, there must be not only a schedule offence falling under section 6 of the Anti-Terrorism Act, 1997, but there must also be mens rea for creating intentional sense of terror or fear or insecurity in the society.
7. Cases in which having background of personal enmity and taking private revenge, do not fall within the ambit of sections 6 and 7 of the Anti-Terrorism Act, 1997.
8. So being, the order of the Special Judge ATC-II, Quetta, dated 15-8-2011, is illegal one and the matter comes within the dominion of the regular Courts, therefore, we are inclined to withdraw the cases files from the Court of Special Judge ATC-II, Quetta, and transfer it to the Court of Judicial Magistrate concerned for disposal in accordance with law. With the above, the both petitions are disposed of. H.B.T./122/Q Case transferred.