Mst. NAJAM-UN-NISA vs JUDGE, SPECIAL COURT CONSTITUTED UNDER ANTI-

ORDER

' KHAL1L-UR-REHMAN RAMDAY, J.---In an occurrence which had allegedly taken place on 18-9-2001 at about TAHAJJAD WELA in the area of Police Station Sabzi Mandi Gujranwala, 7 persons had been gunned down at the Dera of Muhammad Ahsan complainant. A case bearing F.I.R. No,457, dated 18-9-2001 was consequently registered at the abovementioned Police Station under sections 302/109/ 148/149, P.P.C. As per the record the provisions of sections 6/7 of the. Anti-Terrorism Act of 1997 were subsequently added which made the case triable by a Special Court under the said Act of 1997.

2. The petitioner herein who is also one of the accused persons of the said case submitted an application before a learned Special Judge under the ATA of 1997 at Gujranwala questioning his jurisdiction to try the case in question on the ground that the said case did not fall within the ambit of ATA of 1997 and consequently prayed that the trial in question be sent to the ordinary Court of plenary jurisdiction. This application was dismissed on 22-3-2002 which led the petitioner to the filing of a Writ Petition No,5198 of 2002 in the Lahore High Court which petition was also dismissed by a learned Division Bench through an order, dated 1-4-2002. Hence this petition.

3. The venue of the commission of a crime; the time of occurrence, the motive which had led to the commission of a crime and the fact whether the said crime had or had not been witnessed by the public at large are not the only factors determining the issue whether a case did or did not fall within the parameters of the ATA of 1997. The crucial question is whether the said crime had or had not the effect of striking terror or creating a sense of fear and insecurity in the people or any section of the people. Needless to mention here that a crime of the kind in hand committed even in a remote corner does not remain unnoticed in the area in which is committed or even in the country on account of the print and electronic media. Seven persons being butchered in a house at night is not the kind of occurrence which would not create terror and horror in the people or any section of the people.

4. Having heard the learned counsel for the petitioner we do not find any factual or legal infirmity in the orders passed by the learned Special Judge or the order passed by the Lahore High Court. This petition is therefore dismissed and leave refused.