MUHAMMAD SARWAR and another vs FEDERATION OF PAKISTAN, MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS through Secretary, Islamabad and 6 others
This constitutional petition was filed by two petitioners facing trial before a Special Court constituted under the Anti-Terrorism Act, 1997, for various offences under the Pakistan Penal Code, 1860, including abduction and causing injuries. The core legal question was whether the alleged offences, which stemmed from a specific motive of personal enmity, fell within the jurisdiction of a Special Court established under the Anti-Terrorism Act, 1997. Relying on the precedent set by the Supreme Court in Mehram Ali v. Federation of Pakistan, the petitioners argued that acts committed due to personal vendettas or specific motives do not constitute terrorism and thus are not triable by such special tribunals. The Lahore High Court accepted this contention, with the State conceding the legal position. Consequently, the Court held that the case was not triable by the Special Court and ordered its transfer to a court of ordinary criminal jurisdiction. The Court further directed that all proceedings conducted by the Special Court prior to the transfer would be saved, and the transferee court should proceed from the existing stage of the trial.
- Does an offence committed due to personal enmity or a specific motive fall under the jurisdiction of a Special Court constituted under the Anti-Terrorism Act, 1997?
- Can a case be transferred from a Special Court to a court of ordinary criminal jurisdiction if the offence does not constitute terrorism?
- Are proceedings conducted by a Special Court saved when a case is transferred to an ordinary criminal court due to lack of jurisdiction?
- Section 365, Pakistan Penal Code 1860
- Section 337, Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Anti-Terrorism Act 1997
' SYED JAMSHED ALI, J.--- The two petitioners are being tried before the Special Court constituted under the Anti-Terrorism Act, 1997 for offences under sections 365, 337, 337-F(i), 148 and 149 of the P. P.C.
2. According to the prosecution version. Manzoor Hussain lodged F.I.R. 76 of 1998 on 6-2-1998 within the allegation that on 5-2-1998, the two petitioners and 7 others accused nominated in the F.I.R.
Abducted his father, took him to the house of Manzoor Hussain accused where he was confined in the room. Thereafter, he was taken to the house of uncle of Bashir Ahmad accused at Mauza Malikey Taroo. All the accused, who were armed with Sotas gave serious injuries to the father of the complainant and next morning left him in a Khaal. He was recovered from the Khaal by the complainant and others on 6-2-1998.
3. The motive as stated in the F.I.R. Was that Mst. Safuran daughter of Manzoor Ahmad accused, married Muhammad Yousaf, nephew of the complainant's father against the wishes of her parents.
The accused party wanted her back and were labouring under the impression that it was because of complainant's father that she was not being returned to them.
4. The case was initially sent up before a learned Magistrate. It was however, withdrawn from his Court and was submitted before the Special Court.
5. The learned counsel for the petitioners has contended that in accordance with law laid down by the Supreme Court in Mehram Ali v. Federation of Pakistan PLD 1988 SC 1415, the case is not triable by the Special Court Anti-Terrorism because the offence was committed on account of previous enmity and a definite motive.
6. The learned Additional Advocate-General concedes this' legal proposition. Accordingly, the case is ordered to be transferred from the Special Court, Anti-Terrorism, to the Court of ordinary criminal jurisdiction. It is, however, clarified that the proceedings taken by the Anti-Terrorism Court will be saved and the transferee Court shall proceed with the trial from the stage it was pending before the learned Special Judge Anti-Terrorism.
7. Writ petition is allowed in the above terms.
Cited by 1 case
- MUHRAM ALI and others vs The STATE and others 2016 P Cr. LJ 961