PAROO alias MUHAMMAD PARIYAL vs THE STATE
This criminal revision application is directed against the order of the Anti-Terrorism Court refusing to transfer the applicant's case to the Court of Session upon an application under section 23 of the Anti-Terrorism Act, 1997. The applicant stands challaned under section 216 of the Pakistan Penal Code 1860 and section 21-J of the Anti-Terrorism Act 1997 for allegedly harbouring an accused person. The core legal question is whether an offence under section 21-J of the Anti-Terrorism Act 1997 is attracted when the person harboured is not an accused of an offence under the said Act. The High Court held that section 21-J(1) strictly requires the person harboured to be an accused of an offence under the Anti-Terrorism Act 1997, and since the principal accused in this case was not facing trial for a scheduled offence under the Act, the Anti-Terrorism Court lacked jurisdiction. Consequently, the revision application was allowed, and the case was withdrawn from the Anti-Terrorism Court and transferred to the Court of Sessions, Sukkur.
- Whether an offence under section 21-J of the Anti-Terrorism Act 1997 is made out when the person harboured is not an accused of an offence under the said Act?
- Can an Anti-Terrorism Court try a case where the principal offence alleged against the harboured person is not a scheduled offence under the Anti-Terrorism Act 1997?
- Whether a case pending before an Anti-Terrorism Court can be transferred to the Court of Session if it does not fall within the ambit of the Anti-Terrorism Act 1997?
- Section 216, Pakistan Penal Code 1860
- Section 21-J, Anti-Terrorism Act 1997
- Section 23, Anti-Terrorism Act 1997
1. GHULAM NABI SOOMRO. J.---The present Revision Application has been preferred against the order, dated 29-1-2002 whereby the learned Judge of the Anti-Terrorism Court, Sukkur and Larkana Divisions at .Sukkur has refused to transfer the applicant's case to the Court .of Session, by rejecting his application under section 23 of the Anti-Terrorism Act.
2. The applicant stands challaned for offence under sections 216, P.P.C. and 21-J of the Anti-Terrorism Act, 1997 (hereinafter to be referred to as the Act) and his case is pending trial before the above said Court. The allegation against the applicant is that he was harbouring accused Rajib who was required by police in two cases of Police Station Kandhra bearing Crime No, '68 of 1999 under section 17/3 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and Crime No, 69 of 1999 under sections 53/324, P.P.C.
3. It is contended on behalf of the applicant that the applicant is not alleged to have harboured any person alleged to have committed an offence under the Act as such section 21-J of the Act (supra) shall not be applicable. It is also urged that even in the impugned order it is not shown that the accused Rajib was an accused of an offence under the Act. It was argued that it was evident even from the impugned order that the accused was involved in some cases pending before the learned S.T.A. Court and not before an Anti-Terrorism Court.
4. Mr. Sher Muhammad Shar, learned A.A.-G. appearing for the State does not controvert the above contentions raised in support of the revision application.
5. For its proper examination, section 21-J of the Anti-Terrorism Act, 1997 is reproduced as under: "211. Harbouring.---(1) A person commits an offence if he harbours any person who has committed an offence under this Act.
(2) A person guilty of an offence under subsection (1) shall be liable on convection to punishment as provided in sections 216 and 216A of the Pakistan Penal Code (Act XLV of 1860)."
6. From perusal of the section, subsection (1) above, stipulates that the accused stated to be harboured must be an accused of an offence under the Act.
7. Admittedly the accused Rajib stated to be harbored by the applicant is not the accused of any offence under the Act. The learned A.A.-G. has rightly supported the revision application which is hereby allowed.
8. Resultantly, the Case No, 336 of 2002 pending trial before the Anti-Terrorism Court-I, Sukkur is hereby withdrawn from his file and transferred to the learned Court of Sessions Judge, Sukkur.