2003 P Cr (PLP)

"39‑C Repeal and savings.‑‑‑ (1) The Suppression of Terror Activities (Special Courts) Act, 1975 (XV of 1975) is here repealed. (2) Notwithstanding the repeal of the Suppression of Terrorist Activities (Special Courts) Act, 1975 (XV of 1975) and the amendment of the Anti‑Terrorism Act, 1997 (XXVII of 199 by the Anti‑Terrorism (Amendment) Ordinance, 2001‑‑ (a) every order, decision or judgment passed by any Anti‑Terrorism. Court constituted under this Act or Special Court constituted under the Suppression of Terrorist Activities (Special Courts; Act, 1975, or any Appellate Court before such repeal or amendment shall remain in force and operative and the repeal or amendment shall not affect the previous operation of the law or anything duly done or suffered or punishment incurred thereunder,; (b) every case, appeal and legal proceedings whatsoever filed or pending before any Court under the Suppression of Terrorist Activities (Special Courts) Act, 1975, including the High Court and the Supreme Court, shall continue to be proceeded with in accordance with law before the concerned Court of competent jurisdiction, including the Court established under this Act, and all orders passed, decisions made and judgments delivered whether in the past or which may be made deliverer` hereafter by such concerned Court whether original, appellate or revisional, shall be deemed to have been validly and competently made; (c) all convictions made, punishments or sentences awarded by the Anti‑Terrorism Court or Special Court or an Appellate Court before such repeal or amendment shall be executed as if the said Acts were in force; (d) any investigation or inquiry under this Act or the Suppression of Terrorist Activities (Special Courts) Act, 1975 made or institute before the commencement of the Anti‑Terrorism (Amendment Ordinance, 2001, shall continue to be made and proceeded with in accordance with law; (e) all cases pending before the Anti‑Terrorism Court or Special Court immediately before the commencement of the Anti Terrorism (Amendment) Ordinance, 2001, if not covered by this Act or clauses (a) and (b) above, shall stand transferred to the respective Courts of Sessions of the area or such other Courts of competent jurisdiction where the cases were registered again. the accused and such Courts shall proceed with the cases from the stage at which they were pending, without the necessity c recalling any witnesses; and (f) .................... 'The perusal of the above provisions enunciates that:

Clause (a) of subsection (2) has saved all actions, orders, decisions, and judgments passed under the Act of 1975. and the Anti Terrorism Act, 1997. Clause (b) deals with legal proceedings filed or pending before any Court under the Act of 1975. Clause (c) is again saving clause relating to the punishment awarded in the cases. Clause (d) saves the investigation. Whereas clause (e) speaks about the pending cases before S.T.A. Courts if not covered by clauses (a) and (b) above and the cases which were pending before Anti‑Terrorism Courts and are not covered by the Act. Under this provision all such cases which were so pending are directed to be transferred to the respective Courts of Sessions of the area or such other Courts of competent jurisdiction. It further provides that such transferee Courts shall proceed with the cases from the stage at which those cases are pending. The interpretation given to clause (b) of subsection (2). of said section 39‑B, by the learned trial. Court, in the impugned orders is that, cases which are pending before the Anti‑Terrorism Court even after the issuance of amending Ordinance, would be deemed to be pending before it, and further that such cases were triable by it. Mr. Khawaja Naveed Ahmed learned Advocate invited our attention to order dated 1‑9‑2001 passed by the same Court in Special Case No. 331 of 2001 whereby relying upon section 39‑B(2)(e) of the Act, 1997 (as amended) transferred similar cases to the Court of Session. It may be observed that clause (b) deals only with pending cases under the Act of 1975 whereas clause (e) clearly lays down that the cases which are not covered by this Act shall stand transferred to the respective Courts. In our view the learned trial Court appears to be influenced by the words , "including the Court established under this Act". appearing in clause (b) of subsection (2) of section 39‑B. The view taken by the trial A Court in its earlier order was correct. , Admittedly, the cases of vehicle‑snatching and criminal trespass (illegal Qabza) after the Amendment Ordinance, XXXIX of 2001, are not covered by Anti‑Terrorism Act, therefore, the same are no more triable by Anti‑Terrorism Courts. From perusal of the entire clause (b) (supra) it becomes clear that it deals only with the cases pending under the S.T.A. Act, 1975 before any Court at any stage including the Anti Terrorism Court. Resultantly we are of the view that the impugned orders are not in accordance with law. The cases after the amendment have been made triable by the Courts of Session or such other Courts of competent jurisdiction. The impugned orders are,, therefore, set aside and the cases are ordered to be transferred to the respective Sessions Courts for further proceedings in accordance with law. The revisions stand allowed. H.B.T./M‑410/K Revisions allowed.