2012 P Cr. L J 178
[Balochistan]
Before Abdul Qadir Mengal and Jamal Khan Mandokhail, JJ
Haji ALLAH NAZAR and others ---Petitioners
Versus
SPECIAL JUDGE ANTI -TERRORISM COURT -II, QUETTA and others ---
Respondents
C.Ps. Nos. 601 and 616 of 2011, decided on 27th September, 2011.
Anti -Terrorism Act (XXVII of 1997) ---
----Ss. 6, 7 & 28 ---Penal Code (XLV of 1860), Ss. 427/109, 447, 147, 148 & 149 ---
Mischief causing damage to the amount of five lac rupees, criminal trespass ---Transfer of
case to ordinary court ---Offences against accused were of simple nature like trespass or
damage to a property of the opponent, which were punishable not more than two years ---
Record had shown that a dispute of personal nature existed between th e parties for the
determination of ownership of leased area ---For cases of terrorism, falling under Ss.6 & 7
of the Anti -Terrorism Act, 1997, there must be not only Scheduled Offence under S.6 of
the Anti -Terrorism Act, 1997, but also mens rea for creating intentional sense of terror or
fear or insecurity in the society ---Cases having background of personal enmity and taking
private revenge, did not fall within the ambit of Ss.6 & 7 of the Anti -Terrorism Act,
1997 ---Special Judge, was not justified to rejec t application of accused for sending matter
to the Court of Sessions Judge ---Order of Special Judge was illegal as matter in question
was within the domain of the regular courts ---Cases were ordered to be withdrawn from
the court of Special Judge and trans ferred to the court of Judicial Magistrate concerned
for disposal in accordance with law, in circumstances.
Muhammad Wassay Tareen and Abdul Wadood Khan for Petitioners (in C.P. No.
601 of 2011).
Abdul Wadood Khan for Petitioners (in C.P. No. 616 of 2011 ).
Atiq Ahmed Khan, D.P. -G. for Respondents (in both Petitions).
Date of hearing: 8th September, 2011.
JUDGMENT
ABDUL QADIR MENGAL, J. ---These Constitutional Petitions under Article
199 of the Constitution of Islamic Republic of Pakistan, 1973, aris ing 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 als o
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 Pe titioners, 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 c ase
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 o f 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 s ection 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 t he 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.
H.B.T./122/Q Case transferred.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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