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NOOR HASSAN versus HAJI MUHAMMAD KHAN ALIAS TURKEY


Sections 497 (5) and 498 of the Anti-Terrorism Act (XXVII of 1997), application for jurisdiction of Section 21D Anti-Terrorism Court, pre-arrest bail, prior to arrest of accused by the judge, canceling on two The plea was counted; First, the judge had no jurisdiction to grant bail before the arrest of the Anti-Terrorism Court. Secondly, the order of bail was not speaking and the facts of the case were not considered as a judge, the Anti-Terrorism Court had to grant bail before arrest under the provisions of Section 21D of the Anti Terrorism Act, 1997. That was a jurisdiction. The Judge, Anti Terrorism, considered the facts while approving and verifying the interim pre-arrest bail and held that for the purpose of approving the offer of arrest, the prosecution of the trial judge , Was to demonstrate instability by counter-terrorism. The court has observed that there is political enmity between the parties and they are proceeding to the Supreme Court and, after considering all the facts, have come to the conclusion that it is a proper case for sanction of pre-arrest bail. The relevant consideration judge for the approval of the arrest warrant, after an anti-terrorism debate, could not be said that the order of bail was not a spiking order, guaranteeing pre-arrest, not open to any exception, The request for cancellation of bail was dismissed

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