2002 PLP 1433 (MLD)

FALAK SHER, C.J.‑‑‑Petitioners accused of the case registered vide F. I. R. No. 1336 of 18‑12‑1998 under sections 302, 324/34, P.P.C Police Station Jaranwala, District Faisalabad reporting the murder of Amir Ali complainant's maternal cousin Zahoor Ahmad a police employee by rifle shot firing of Zaakar alias Thakar petitioner herein; landing on his chest and left arm respectively subsequent whereto their accomplices Muhammad Boota and Nazim resorted to indiscriminate abortive firing at the complainant with a view to avenging the altercation ensued over cock's fight challan whereof has been submitted before Special Judge Anti‑Terrorism Court, Faisalabad Division, for the deceased being a police personnel on home leave have recoursed to the present petition urging coram non judice viz. incident having sparked off over a triviality bearing no nexus with the discharge of the official duties being the sine qua non in the contest of things for assumption of jurisdiction by the Special Court constituted under the Anti‑Terrorism Act, 1997 in terms of section 6 read with section 2(e) ibid and the schedule thereof relevant text whereof for the sake of convenience of reference is reproduced as under:‑‑ "(6) Terrorist act.‑‑‑A person is said to commit a terrorist act if he : (a) in order to, or if the effect of his actions will be to, strike terror or create a sense of fear and insecurity in the people, or any section of the people, does any act or thing by using bombs, dynamite or other explosive or inflammable substances, or such tire‑arms or other lethal weapons as may be notified, or poisons or noxious gases or chemicals, in such a manner as to cause, or be likely to cause, the death of, or injury to, any person or persons, or damage to, or destruction of, property on a large scale, or a widespread disruption of supplies of services essential to the life of the community, or threatens with the use of force public servants in order to prevent them for discharging their lawful duties; or (b) commits a scheduled offence, the effect of which will be, or be likely to be, to strike terror, or create a sense of fear and insecurity in the people, or any section of the people, or to adversely affect harmony among different sections of the people, or (c) commits an act of gang rape, child molestation, or robbery coupled with rape as specified in the Schedule to this Act; or (d) commits an act of vehicle snatching or lifting, damage to or destruction of, State or private property, random firing to create panic, charging Bhatha or criminal trespass (illegal Qabza)." "(2) (e) "scheduled offence" means a terrorist or sectarian related offence as set out in this Act or the Schedule hereto."

2. Factum whereof remained uncontroverted by the learned Additional Advocate‑General as well as the learned counsel appearing on behalf of the complainant.

3. Consequently granting the petition the submission of challan for trial (4t the case before the Special Judge Anti‑Terrorism Court. Faisalabad Division is declared to be without lawful authority and is ordered to be transferred to the learned Sessions Judge, Faisalabad for proceedings with the same in accordance with law as a Sessions trial. H.B.T./N‑184/L??????????