ALI 'SAIN DINO METLO, J.--- The six applicants, facing charge of abduction for ransom, seek quashment of proceedings pending against them before the Anti-Terrorism Court No,III, Karachi, mainly on the ground that they had been falsely implicated due to their friendship with one of the absconding accused, namely, Ghulam Abbas, with whom the alleged abductee, namely complainant Syed Abdul Rafay (respondent No,2) had allegedly some civil dispute. The other ground pressed for the quashment pressed for the quashment of the case is that the offence was not triable by the Anti-Terrorism Court.
2. The Anti-Terrorism Court vide its orders dated 25-4-2007 and 27-5-2008, refused to transfer the case and also refused to acquit the applicants, holding that the offence was triable by it and they could not be acquitted on the basis of their defence plea without recording evidence.
3. The view taken by the learned Anti-Terrorism Court is unexceptionable. According to section13 of the Anti-Terrorism Act,' 1997, the scheduled offences are triable by the Anti-Terrorism Court and according to item 4(i) of its Third Schedule, "The Anti-Terrorism Court, to the exclusion of any other Court, shall try the offences relating to ... Abduction or kidnapping for ransom". In presence of such clear and exclusionary provision'of the statute, there is no room for the argument that the offence of abduction for ransom is not triable by the Anti-Terrorism Court.
4. The contention of the applicants that they had been falsely implicated due to their friendship with absconding accused Ghulam Abbas with whom ,the complainant had allegedly some civil dispute, also cannot be accepted and the prosecution case cannot be disbelieved, without recording evidence. The trial Court has rightly held that the petitioner's defence plea regarding their false implication could not be accepted without recording evidence.
5. It was for these reasons that by a short order passed on 15-8-2008, the application, being meritless, was dismissed.