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FAWAD RASOOL versus SPECIAL JUDGE, ANTI-TERRORISM COURT NO.1, GUJRANWALA


Article 302/324/148/149/109 Anti-Terrorism Act (XXVII of 1997), Section 6/7/23 Constitution of Pakistan (1973), Article 199 Constitutional application by the applicant to transfer the case from the Anti-Terrorism Court. Appeal filed After the dismissal of the Court of Common Jurisdiction, the applicant accepted the dismissal order in the petition, the incident took place at a bridge where, besides the rival party, many other persons were present. Apart from three people, two passers-by lost their lives, while 12 others suffered catastrophic injuries, which was neither private nor separate. In isolated places where there was no danger to the general public, the results of the incident itself showed that there would be more people besides the dead and injured passers-by who would have realized. The insecurity resulting from the incident cannot be considered before recording the evidence, for the purposes of determining the jurisdiction of the court. The e-Act was not one of terrorism In the present case, with the deaths of two passersby and the injuries of 12 others, the first aspect indicated that many others were present at the time of these incidents, which Would have created a sense of insecurity. Public constitutional requests were rejected in the circumstances

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