' In support of this petition, it is submitted that nobody was injured, there is not on record M.L.R. Of any of the injured; no stone/brick was taken into possession; no vehicle, scooter or motorcycle was burnt; none from the public appeared before the police to make statement that because of the act of the petitioners, the road was blocked and' he suffered any sort of trouble and that to support the story coined up in the F.I.R., statements of only three police officials were recorded.
2. On the other hand, learned A.A.-G. Submits that sub-clause (1) (g)(1)(m) and (n) of section 6 of the Anti-Terrorism Act are fully attracted. He supports the impugned order of the trial Court.
3. We have gone through the police file brought by Inspector Basharat Ahmad, S.H.O. Police Station Bhatti Gate, Lahore. It was alleged in the F.I.R. That the accused of the F.I.R. Had blocked the road through burnt tyres and when the police party tried to remove the hindrances to open the road, apart from firing in the air, stones were also thrown on the police party by the accused and some of the officials were also injured. After scanning the whole file we have not been able to see M.L.R. Of any of the injured person; recovery of any stone/brick, recovery of any of the burnt vehicle or tyres; statement of any person from the public to the effect that the road was blocked and because of this act of the petitioner he suffered any trouble except the statements of three police officials. The question of jurisdiction of Special Court can be determined on the basis of the F.I.R. And the other material produced by the prosecution at the time of presentation of the challan. For this view, we are fortified from a judgment of apex Court of the country reported as 1994 SCM R 717. In the instant case, the investigation is complete and only now challan is to be submitted and there is nothing on record except the statements of the three police officials. Moreover, the alleged incident of which the petitioners are accused took place on 25-5-2007, but the F.I.R. Was recorded on 27-5-2002. This delay of two days also smacks of mala fide on the part of the police.
' For what has been observed above, this writ petition is allowed, impugned order of the Special Court is set aside and the police is directed to submit the challan against the petitioner in the ordinary Criminal Court of competent jurisdiction.