Haji ALLAH NAZAR and others vs SPECIAL JUDGE ANTITERRORISM COURTII, QUETTA and others
These constitutional petitions under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 challenge an order passed by the Special Judge Anti-Terrorism Court-II, Quetta, which rejected the petitioners' application to transfer the case to a court of ordinary jurisdiction. The core legal question was whether a private dispute over mine ownership involving property damage and criminal trespass, arising from personal enmity, falls within the ambit of the Anti-Terrorism Act, 1997. The Balochistan High Court held that offences characterized by personal enmity and private revenge, lacking the requisite mens rea to create terror or insecurity in society, do not attract anti-terrorism laws simply because force or fear was used incidentally. The court laid down the principle that cases rooted in personal disputes and private revenge must be tried by regular courts of ordinary jurisdiction rather than special anti-terrorism courts.
- Whether a private dispute arising from personal enmity over a leased property falls within the scope of the Anti-Terrorism Act, 1997?
- Does an offence involving property damage and trespass require a specific mens rea of creating terror or insecurity in society to constitute terrorism?
- Can a case mistakenly challaned under the Anti-Terrorism Act be transferred from a Special Court to a court of ordinary jurisdiction?
- Article 199, Constitution of Islamic Republic of Pakistan, 1973
- Section 427, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 447, Pakistan Penal Code 1860
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 6, Anti-Terrorism Act, 1997
- Section 7, Anti-Terrorism Act, 1997
' 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 15-8-2011, 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 no jurisdiction over the matter to try the same.
2. The facts as has been mentioned in the impugned order dated 15-8-2011, were that, one Masood Anwar filed a written report on 22-5-2011, vide F.I.R. No,7 of 2011, that, the petitioners collectively on 22-5-2010 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 F.I.R. Under sections 427/109, 447, 147, 148 and 149, P.P.C., 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 Respondents.
5. After hearing the both sides, we have also perused the order dated 15-8-2011, 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 (Rupees 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, there must be not only a schedule offence falling under section 6 of the Anti-Terrorism Act, 1997, but there 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 15-8-2011, 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 concerned for disposal in accordance with law.
' With the above, the both petitions are disposed of.
Case transferred.