HAJI ALLAH NAZAR versus SPECIAL JUDGE ANTI-TERRORISM COURT-II, QUETTA
Sections 6, 7 and 28 of the Criminal Procedure (XLV of 1860), sections 427/109, 447, 147, 148 and 149 resulted in the loss of Rs.5 lakh, the criminal case was transferred to the General Court. Extraordinary nature or damage to the adversary's property, which was punished for no more than two years, records show that there was a personal dispute between the parties for the determination of ownership of the leased area, In cases of terrorism falling under section 6, under Schedule 7 and 7 of the Anti-Terrorism Act 1997, not only should the offense be punishable under section 6 of the Anti-Terrorism Act 1997, but also deliberate terrorism or intimidation in the society or Cases of insecurity also have a backdrop of personal enmity. And personal retaliation did not come under the purview of sections 6 and 7 of the Anti-Terrorism Act, 1997. The special judge was not allowed to refuse the accused's plea to send the matter to a sessions court. The order of the Special Judge was illegal because the matter was within the jurisdiction of the regular courts and the matter was ordered to be withdrawn from the Special Judge's court and transferred to the relevant Judicial Magistrate's Court for disposal in accordance with the law.
Related judgments — Quetta High Court Balochistan, 2012
