Section 302 (a) of the Anti-Terrorism Act (XXVII of 1997), section 13, 39 (2) [as amended by the Anti-Terrorism (Amendment) Ordinance (XXXX of 2001]] The scope of the Qatil-i-Amid special court jurisdiction Had to take the option The crime was committed at the relevant time and not on the date of the arrest of the accused. In the present case, the relevant time (with respect to the jurisdiction of the special court) will be the date of the incident and not the arrest of the accused. There was a special trial by a special court under the Terrorist Activities (Special Courts) Act 1975, after which the Syed court was not present at the time of the arrest of the accused. , But its successor forum, the Anti-Terrorism Court established under Section 13 of the Anti-Terrorism Act, 1997, was amended by the Anti-Terrorism (Amendment) Ordinance 2001, which is the Terrorism Activities (Special Courts) Act, 1975. Was under pressure. Was banned, but the previous proceedings of the law were protected by subsection (2) of section 39 of the Anti-Terrorism Act 1997 (Amended) Additional Sessions Judge, in this case, told the Additional Sessions Judge. There is no jurisdiction to prosecute the accused in this case. The appeal, which came exclusively under the jurisdiction of the Anti-Terrorism Court established in 1997, was accepted, the judgment / order of the Additional Sessions Judge was set aside and sent to the Anti-Terrorism Court for the trial de novo trial.
Related judgments — Peshawar High Court NWFP, 2010
