SHAHID JAMEEL Versus SPECIAL JUDGE ANTI-TERRORISM COURT, FAISALABAD

ASIF SAEED KHAN KHOSA, J .--- The petitioner is an accused person in case F.I.R. No. 413 registered at Police Station Jhang Bazar, Faisalabad on 31-8-2003 for offences under sections 302/395/396, P.P.C. and section 7 of the Anti-Terrorism Act 1997. The petitioner is also an accused person in the connected case F.I.R. No.734 registered at Police Station Peoples Colony, Faisalabad on 7-9-2003 for an offence under section 412, P.P.C. Both the said connected criminal cases are presently being tried by the learned Judge, Anti-Terrorism Court, Faisalabad. An application had been submitted by the petitioner before the learned Judge. Anti-Terrorism Court, Faisalabad under section 23 of the Anti-Terrorism Act, 1997 seeking transfer of the said criminal cases to a Court of ordinary jurisdiction but that application of the petitioner was dismissed by the learned Judge, Anti-Terrorism. Court, Faisalabad vide order, dated 11-11-2003. Hence the present writ petition before this Court.

2. We have heard the learned counsel for the parties and have gone through the relevant record of the above mentioned criminal cases appended with this petition. A bare perusal of the F.I.Rs. registered in the above mentioned criminal cases shows that the said cases pertained to a dacoity with murders committed only for the purpose of private gains and regarding retention of stolen property. Apparently the offences in question had not been committed with the `design' or the `purpose' contemplated by the provisions of section 6(1)(b) or (c) of the Anti-Terrorism Act, 1997. It has already been held by this Court in the case of Basharat Ali v. Special Judge, Anti-Terrorism Court-II Gujranwala PLD 2004 Lah. 199 (DB) that if the actus reus of an accused person is not committed with the mens rea specified in section 6(1)(b) or (c) of the Anti-Terrorism Act, 1997 then a Special Court constituted under the Anti-Terrorism Act 1997 has no jurisdiction to try such a case. The requisite mens rea is clearly missing in the above mentioned criminal cases so as to brand the acts attributed to the petitioner arid his co- accused as `terrorism'. This writ petition is, therefore, allowed, the impugned order passed by the learned Judge, Anti-Terrorism Court, Faisalabad on 11-11-2003 is set aside, the application submitted by the petitioner under section 23 of the Anti-Terrorism Act, 1997 before the learned Judge, Anti-Terrorism Court, Faisalabad is accepted and it is declared that the above mentioned criminal cases against the petitioner and his co-accused are triable by a Court of ordinary jurisdiction. The learned Judge, Anti-Terrorism Court, Faisalabad is directed to transmit the record of the above mentioned criminal cases to the learned District and Sessions Judge, Faisalabad forthwith for further proceedings in the matter according to the law. There shall be no order as to costs.

H.B.T./S-206/L Writ Petition accepted.