2002 PLP 1949 (MLD)

Section 17 of the Anti‑Terrorism Act, 1997 relates to the powers of the Anti‑Terrorism Courts with respect to other offense as. The same is reproduced hereinbelow:‑‑ "17. Powers of (Anti‑Terrorism Courts) with respect to other offences,‑‑

When trying any scheduled offence (an. Anti Terrorism Court) may also try any offence. other . than the scheduled offence with which the accused may, under the code, be charged at the same trial." It will also be pertinent to reproduce hereinbelow the Schedule in extenso relied upon by the learned counsel appearing on behalf of the applicant:‑‑ "SCHEDULE [See section 2(e)]

1. Any offence punishable under this Act

2. Any offence punishable under any of the following sections of the Pakistan Penal Code (Act XLV of 1860), namely:‑‑ (a) Section 302‑‑ (i) if committed with a cannon, grenade, bomb or rocket; or (ii) if the victim is a member of police, armed forces or civil armed forces or is a public servant; or (iii) if committed during or while committing the offence of robbery or. dacoity and committed after the commencement of this Act; (b) Section 295 A, 365 and 365A; or)** (ba) section 377, if the victim is below the age of twelve years and committed after the commencement of this ‑Act; and" (c) sections 392 to 395, 397 or 398, if in committing the offence, the offender or any of the offenders commits the offence or murder or Zina‑bil‑Jabr punishable under sections 6,7; 8 or 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979) and committed after the commencement of this Act, (2‑A) Any offence punishable under sections 6, 7, 8 or 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), if committed in committing any of the offences punishable under sections 392 to 398 of the Pakistan Penal Code. (Act XLV of 1860) and committed after the commencement of this Act. (2‑B) Any offence punishable under sections 6,.7, 8 or 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), if the victim is under the age of twelve years and committed after the commencement of this Act. (3) An Offence punishable under subsection (4) of section 10 of the Offence of Zina (Enforcement of Hudood) ordinance, 1979 (VII of 1979), if committed after the enforcement of this Act. (4) Any attempt of conspiracy to commit or any abetment of any of the aforesaid offence. (5) Any offence including an offence punishable under the Pakistan Arms Ordinance, 1965 (W.P. Ordinance. XX. of 1965), committed conjointly with any other offence punishable under this Act: [Added by Ordinance No.IV of 1999 and shall be deemed to have taken effect on 24‑2‑1999, also Ordinance No.XIII of 1999 dated 27-8‑1999.]" The Schedule reproduced hereinabove was again substituted by Ordinance No.XXIX of 2001 dated 15‑8‑2001. The substituted Schedule is reproduced hereinbelow:‑‑ "THIRD SCHEDULE" (Scheduled offences) (See section 2(t)) (1) Any act of terrorism within the meaning of this Act including. those offences which may be added or amended in accordance with the provisions of section 34 of this Act. (2) Any other offence punishable under this Act. (3) Any attempt' to commit, or any aid or abetment of, or any conspiracy to commit, any of the aforesaid offences. " The perusal of the above provisions of Anti‑Terrorism Act, 1997 as well as Schedule substituted 6y Ordinance No.XXIX of 2001, dated 15‑8‑2001 and. the facts of the present case shows that the contention of the learned counsel appearing on behalf of the applicant is not tenable in law. It is well‑settled that the procedural law has retrospective effect and not prospective if the same not curtails the vested rights in existence at the time of the passing of the statute. The citation relied upon by the learned counsel appearing on behalf of the applicant is distinguishable from the facts and circumstances of the present case. Resultantly the criminal revision is not maintainable and stands dismissed. H.B.T./R‑70/K Revision dismissed.