Haji ALLAH NAZAR & others vs SPECIAL JUDGE ANTI-TERRORISM COURT-II, QUETTA & others
These constitutional petitions under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 challenge the order of the Special Judge Anti-Terrorism Court-II, Quetta, refusing to transfer the case to a court of ordinary jurisdiction. The core legal question was whether a private dispute involving property trespass and damage arising from personal enmity falls within the purview of the Anti-Terrorism Act, 1997. The Balochistan High Court held that cases having a background of personal enmity and private revenge, involving simple offences like trespass and property damage without the requisite mens rea to create terror, fear, or insecurity in the society, do not fall within the ambit of sections 6 and 7 of the Anti-Terrorism Act, 1997. The Court laid down the principle that for an offence to be tried under anti-terrorism laws, there must not only be a scheduled offence but also the specific intent (mens rea) to create public terror or insecurity, rather than a mere manifestation of a personal dispute.
- Does a dispute arising from personal enmity and private revenge fall within the ambit of sections 6 and 7 of the Anti-Terrorism Act 1997?
- Is the presence of mens rea for creating intentional terror or fear in society necessary for an offence under the Anti-Terrorism Act 1997?
- Can a case involving simple property damage and trespass over a leased area be tried by a Special Judge Anti-Terrorism Court?
- Article 199, Constitution of Islamic Republic of Pakistan, 1973
- Section 427, Pakistan Penal Code
- Section 109, Pakistan Penal Code
- Section 447, Pakistan Penal Code
- Section 147, Pakistan Penal Code
- Section 148, Pakistan Penal Code
- Section 149, Pakistan Penal Code
- Section 6, Anti-Terrorism Act 1997
- Section 7, Anti-Terrorism Act 1997
ORDER
Abdul Qadir Mengal, J.--These Constitutional Petitions under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, arising out from the order dated 15-08-2011, passed by the Special Judge ATC-II, Quetta, whereby, the Application of the petitioners were rejected for sending the matter to the Court of Sessions Judge, holding that, as the petitioners have stopped the work of the respondent by show of force and created panic or sense of fear, therefore, Courts of Ordinary jurisdiction having.
2. The facts as has been mentioned in the impugned order dated 15-08-2011, were that, one Masood Anwar filed' a written report on 22.5.2011, vide FIR No. 7/2011, that, the petitioners collectively on 22.05.2010 at 10:00 a.m., came to their mines of Iron Ore, and forcibly stopped the labourers from the work of their mines, they also damaged the machinery of the mines to receive them damage of Rs.5,00,000/- (Rupees Five Lacs).
3. The Tehsildar after lodging the FIR under Sections 427/109, 447, 147, 148 and 149, PPC, inspected the place of incident, prepared the sketch of the same. On completion of the investigation, challan the ,matter before the Court of Special Judge ATC-II, Quetta, by adding Sections 6 and 7 of the Anti-Terrorism Act, 1997.
4. We have heard M/s. Muhammad Wassay Tareen and Abdul Wadood Khan, Advocates, for the Petitioners, while Mr. Atiq Ahmed Khan, Deputy Prosecutor General, heard for the respondent.
5. After hearing the both sides, we have also perused the order dated 15-08-2011, passed by the Special Judge ATC-II, Quetta. Admittedly, .the offences in which the case has been registered are of simple nature like the trespass or receiving damage to a property of the opponent more than Rs.50, 000/- (Rupee's Fifty Thousand), which are punishable not more than two years.
6. Again, the record shows that, a personal nature of dispute existed between the parties, for the determination or ownership of the leased area. Whereas, in the cases of Anti-Terrorism, falling under Sections 6 and 7 of the Anti-Terrorism Act, 1997, their must be not only a schedule offence falling under Section 6 of the Anti-Terrorism Act, 1997, but their must also be mens-rea for creating intentional sense of terror or fear or insecurity in the society.
7. Cases in which having background of personal enmity and taking private revenge, do not fall within the ambit of Sections 6 and .7 of the Anti-Terrorism Act, 1997.
8. So being, the order of the Special Judge ATC-II, Quetta, dated 15-08-2011, is illegal one and the matter comes within the dominion of the regular Courts, therefore, we are inclined to withdraw the cases files from the Court of Special Judge ATC-II, Quetta, and transfer it to the Court of Judicial Magistrate concern for disposal in accordance with law.
With the above, the both petitions are disposed off.