09/07/2019
_*How to transferred a case from ordinary court to A.T.C COURT _*
PCrLJ 1280 KARACHI-HIGH-COURT-SINDH
Side Appellant : MUHAMMAD AKBAR KHAN
Side Opponent : SHO P.S. GARHI KHAIRO, DISTRICT JACOBABAD
Ss. 190, 193 & 526(3)---Anti-Terrorism Act (XXVII of 1997), S. 23---Power of court of ordinary jurisdiction---Transfer of case from court of ordinary jurisdiction to Anti-Terrorism Court---District and session s Judge/additional District and session s Judge was not authorized to declare any offence as Scheduled offence and to transfer the case to the special court straightway.
Citation Name : 2017 PCrLJ 1280 KARACHI-HIGH-COURT-SINDH
Side Appellant : MUHAMMAD AKBAR KHAN
Side Opponent : SHO P.S. GARHI KHAIRO, DISTRICT JACOBABAD
Ss. 190, 193 & 526(3)---Anti-Terrorism Act (XXVII of 1997), S. 23---Transfer of case from the court of ordinary jurisdiction to Anti-Terrorism Court---Principles---No powers were conferred on the ordinary courts of criminal jurisdiction to transfer the case from its docket to the Court of Anti-Terrorism---If the session s Court or additional session s Court was of the opinion that alleged offence was triable by the Anti-Terrorism Court, as the commission of the crime had created panic and terror amongst the people and manner in which crime had been committed had developed sense of fear and insecurity in the minds of people or any section of society, two courses were available to the session s Court for transfer of case: firstly, reference would be made to the Chief Justice of High Court in terms of S. 526(3), Cr.P.C.; secondly, session s Court would issue notice to the Prosecutor General and to the accused/complainant party/aggrieved person(s) and after providing an opportunity of being heard come to conclusion that the case was of the nature triable by the Anti-Terrorism Court---Challan would be returned to the Investigating Officer/agency for submitting the same before the court having jurisdiction---Constitutional petition was allowed accordingly.
