Through the constitutional petition, petitioner as being an accused has called in question order dated 10.11.2010 passed by the learned Court whereby an application of the petitioner was dismissed filed under Section 23 of the Anti-Terrorism Act, 1997 for remitting the case to the Court of plenary jurisdiction.
2. Relevant facts leading to the filing of the instant petition are that the petitioner was booked in case registered vide FIR No, 630 dated 6.07.2010 under Section 3/4 of the Explosive Substances Act, 1908 read with offence under Section 21(L) .of Anti-Terrorism Act, 1997 at Police Station Shafiq Abad, Lahore.
3. Vide notification annexed-A dated 27.10.2010 offence u/S. 3, 4, 5, 6 of the Explosive Substances Act, 1908 were crdered to be included in the third Schedule of the Anti-Terrorism Act, 1997 with immediate effect.
4. After the advent of amendment and its insertion in the column 3rd Schedule of Anti-Terrorism Act, 1997 the case of the petitioner was transferred to the Special Court constituted under Anti- Terrorism Act, 1997.
5. In support of the instant petition, learned counsel for the petitioner has submitted that the case was registered against the petitioner on 6.07.2010 whereas the notification with respect to amendment described supra was incorporated in the Schedule of the Anti-Terrorism Act on 27.10.2010 with immediate effect, prior to the advent of amendment in the Schedule,- case was registered and the alleged notification does not have its retrospective effect as it relates to the incorporation in the Schedule of penal sections. Learned counsel has further submitted that the law is -very much clear on the subject that penal provisions do not have their retrospective effect but always prospective.
6. The contentions have been opposed by the learned A.A.G on behalf of the State.
7. Heard. Record perused.
8. Admitted position in this case is that when the petitioner was booked in this case alleged amendment in the Schedule with reference to the offences mentioned supra of the Explosive Substances Act, 1908 was not made but subsequent thereto on 27.10.2010. We have gone through the notification of the same date as Annexure-A attached with the file wherein the operation of the said amendment has explicitly been showed (with immediate effect) implying for its prospective effect not retrospective. In some times such likes amendment operate retrospectively but the statute itself declares its applicability we have found force in the contentions of the learned counsel for the petitioner, therefore, the instant writ petition, is allowed. Trial pending of the case file of the petitioner is ordered to be transferred to the Court of plenary jurisdiction. Disposed of.