Hafiz MUHAMMAD SALEHEEN Versus SPECIAL JUDGE ANTI-TERRORISM, RAWALPINDI Muhammad Bashir Paracha
ORDER
The petitioner feels aggrieved of an order dated 7-3-2007, passed by learned Judge Special Court Anti-Terrorism. Rawalpindi, whereby he ordered transfer of a case F.I.R. No.318 dated 17-10-2006, under sections 337-A(iii)/147/149, P.P.C. read with Section 7 of Anti-Terrorism Act, 1997 to learned Sessions Judge, Attock for further proceedings.
2. Learned counsel contends that a case of terrorism within the meaning of section 6(1)(b) of ATA, 1997 is clearly made out as the private respondents acted with 'an intention to intimidate and overawe a sect. Learned A.A-G. is of the opinion that the impugned order has been passed in accordance with law and the judgment of the superior Courts laying down the criteria for determining whether a particular act is an act of terrorism or not. He has drawn our attention to the cases. Fazal Dad v. Col (R.) Ghulam Malik and others PLD 2007 SC 571, Abdul Sattar v. Amir Muhammad Khan and others PLD 2007 Lah. 444 and Muhabbat Ali and others v. State and another 2007 SCMR 142.
3. We have examined the copies of the available records with the assistance of the learned counsel for the parties. According to the contents of the said F.I.R, Hafiz Sauleheen filed a report on 2-10-2006 stating that he is a "Khateeb" in Jamia Usmania Mari Link Road since 23 years. He led "Maghrib" prayer. After "Salam" Muhammad Ilyas and Mukhtiar started reciting "Kalma" loudly. He told them to be careful as people arc offering their remaining prayer. Said persons became enraged and said that whoever wants to stop them from reciting "Kalma" can come out in the courtyard. Meanwhile, some other person, mentioned in the F.I.R., also were found present and one Qasam Chishti gave out Lalkara that "Devbandies" stop them from reciting "Kalma" loudly and they will kill them. This led to a scuffle and injuries to several persons as detailed in the F.I.R.
4. Upon a plain reading of the said F.I.R, it is evident that the persons who are stated to have initiated the said occurrence had come there to offer their prayers, at the spur of the moment were enraged by the word of caution given by the said complainant "Khateeb" to them in the matter of reciting "Kalma" loudly while other people were still offering their prayers. Which ultimately led to the said scuffle resulting in injuries recorded under section 337-A(iii), P.P.C. to some person. Section 6(1)(b) being relied upon by the learned counsel does refer to a design and intention to coerce and intimidate inter alia a particular sect. Design and intention is further clarified by the definition of word sectarian and sectarian hatred as given in section 2(u)(v) of the said Act. We do agree with the learned Special Court that such an intention or design is not apparent on the face of the F.I.R. Criminal miscellaneous accordingly is dismissed in limine.
H.B.T./M-296/L Petition dismissed.