2010 P Cr (PLP)

MUHAMMAD KHALID ALVI, J.

Brief facts of the case are that petitioner along with others is facing trial before Special Judge Anti-Terrorism Court No.1, Gujranwala in case F.I.R. No.201 of 2007 dated 8-6-2007 under sections 302, 324, 148, 149 and 109, P.P.C. read with sections 6/7 of A.T.A. registered at Police Station Ferozewala District Sheikhupura.

2. Petitioner filed an application under section 23 of the A.T.A., 1997 for transfer of his case from the said Court to the Court of ordinary jurisdiction, which application was dismissed vide order, dated 8-7-2009. This order is being assailed through instant constitutional petition.

3. It is contended by learned counsel for petitioner that according to F.I.R. occurrence had taken place on account of some previous longstanding enmity between the parties; that there is no other sectarian element involved in the case; that the occurrence had not taken place at any congested public place, therefore, it is argued that no act of terrorism can be presumed to have been committed during the course of occurrence, therefore, case should be transferred to the ordinary Court. He has also relied upon Tariq Mahmood v. The State and others 2008 SCMR 1631 and Mohabbat Ali and another v. The State and another 2007 SCMR 142 in support of his contentions.

4. On the other hand, learned A.A.-G. has opposed the contentions of learned counsel for petitioner.

5. We have considered arguments advanced by learned counsel for parties.

6. The occurrence had taken place on a bridge known as Ferozewala, where apart from rival party many other people were also present, as is evident from the result of occurrence i.e. apart from three persons from the rival party two passers-by lost their life, while 12 others suffered fire-arm injuries. Meaning thereby that it was neither a private nor an isolated place where there was no risk for general public. Result of the occurrence itself shows that apart from the deceased and injured passers-by there must have felt a sense of insecurity as a result of the occurrence, therefore, prima facie, it cannot be presumed at this stage before recording of evidence, for the purposes of determining jurisdiction of the Court that the act was not one of terrorism.

7. Judgment cited as 2007 SCMR 142 is distinguishable, inasmuch as, in said case the occurrence had taken place 14/15 miles away from the main road in sugarcane and banana fields, therefore, question of public having felt sense of insecurity was absent. Likewise, the other judgment is also distinguishable, inasmuch as, their Lordships in the said case observed that the site plan denies the claim of the complainant that the occurrence took place in a "Bazar" which was heavily populated. As against this in the instant case death of two passers-by and injuries to 12 C others, prima facie, indicates that apart from them many others were also present at the time of occurrence, which must have created sense of insecurity in the general public.

8. For what has been stated above, we find no merit in this petition, which is accordingly dismissed. H.B.T. /F-80/L Petition dismissed.