' Asif, Haider and Haleem, petitioners herein, seek their release on bail who are charged in case FIR No, 64 dated 26.11.2014 registered under Section 387/506, PPC/S. 7, Anti Terrorism Act, 1997 at Police Station CTD.
2. On 30.10.2014 the local police during mobile gasht were present at the place of occurrence, when at 11.30 hours, the complainant reported the matter to the effect that, some days before he received a phone call on his cellular from a person having mobile No, 0335-2569481, posing himself to be the member of Tahreek-eTaliban Lashkar-e-Islam Bara, demanding Rs, 10,00,000/- as Bhatta, and also threatened him with dire consequences i.e, in case of failure to pay the said amount, they will blow up his house with blast in the evening hence charged unknown accused for commission of the offence vide the FIR mentioned above.
3. On 27.11.2014, the complainant recorded his supplementary statement, further disclosing receipt of another call from cell Phone No, 0313-0889049, threatening him and demanding for an amount of Rs, 10,00,000/- as Bhatta, hence charged the person in whose name the said cell number was registered.
4. On 1.12.2014, the complainant got recorded his statement under Section 164, Cr.P.C. Wherein he charged the accused/petitioners for commission of the crime.
5. During the course of investigation, the local police collected data of the cell phone numbers mentioned above, and also arrested the accused/petitioners. After arrest of the accused/petitioner Asif, on 1.12.2014, the local police recovered one mobile set Nokia 1110, having SIM No, 0335-2569481 from which threatening calls were made to the complainant. Similarly, on arrest of the accused/petitioner Haleem, a Nokia Mobile phone 1600, having SIM No, 0313-0889049 was recovered from his personal possession.
6. The learned counsel for petitioners vividly argued that none is nominated directly in the FIR rather the petitioners have been roped in the case at the instance of the local police. While buttering his arguments he emphasized that since the parties have patched up the matter, out of Court, therefore, keeping the petitioners behind the bars will serve no purpose for prosecution thus, requested for grant of bail to the accused/petitioners on the basis of compromise also.
7. Having heard learned counsel for the parties, perusal of record would reveal that no doubt at the time of lodging the report none was nominated by complainant, however, on 1.12.2014 he disclosed the names of the petitioners in his statement recorded under Section 164, Cr.P.C. By the learned JMIC. During investigation the prosecution has collected telephonic data which reveals that on the crucial dates the cell phone calls have been made by the petitioners to the complainant. After their arrest and search, cell phones alongwith SIMs used for making telephone calls to the petitioner, have been recovered from the personal possession of the accused/petitioners Asif and Haleem.
The accused/ petitioners have been charged for extortion of money and threat of exploding house of the complainant 'which were heinous offences covered by Sections 387/506, PPC falling under the definition of terrorism provided under Section 6 of the Anti Terrorism Act, 1997. It is also manifest from the record that the accused/ petitioners have 'telephonically demanded money from the complainant, which in general parlance and native speaking is called "Bhatta" because of which an imperishable and chaos has permeated all over the country particularly persecuted the estimable and business class of the society, traders and shop keepers being frightened to establish their business due to the over increasing Bhatta Mafia. The white collar segment and business community of the main cities in Pakistan are helpless and are at the mercy of blackmailers being threatened every day to pay the demanded Bhatta or they will be killed. This illicit practice has been prevailing with such audacity as no one is there to stop them from illegal business. What a sad plight it is that these extortionists are even aided by our so called elders of the society as after the arrest of delinquent they starts campaign and blow grease by poking their nose into the matter of amicable settlement.
8. In the instant case one Mr. Gulab Muhammad s/o Zar Muhammad r/o Kokikhel Manya Khel Paas Kali. PO Jamrud, Tehsil Jamrud, Khyber Agency, in garb of an elder of the locality has succeeded in his endeavor for effecting compromise between the parties, thus gallantly in attendance to pursue the release of petitioners and on query he replied that he has rendered his services in the public interest. As observed above the business of extortion . Of money being an easy way of income has become a social evil which is not only harmful and dangerous to an individual but also to a society and community. It has become an organized crime and most likely happening each and every day. The above referred poser in the apparel of elder of the society, with zeal and test, in fact making their endure to encourage the growth. The credentials and roots of such like peoples with remarks in prevailing situation are also required to be kept under surveillance for curbing or at least reducing the increasing menace hamstringing the society of nefarious acts.
9. Admittedly, the offences of extortion, falling under the Anti Terrorism Act, 1997 which are not compoundable. The act ibid has been enacted for prevention of terrorism, sectarian violence and for speedy trial of the heinous offences and matters connected therewith and incidental thereto. As a special law enacted for eradication of social crime mainly committed against the State therefore, after filing of complaint by a private person, the complainant or his legal heirs has no right to compound the scheduled offence because it is not committed against that individual rather devastating and disrupting the entire society. There are instances where the Hon'ble Apex Court has taken lenient view in case and matters settled between the parties amicably, but that cases would be under Qisas and Diyat or the right of an individual might be involved but the clemency may not be shown at the cost of the nation, society and community.
' So far the conduct of so called and self made mediator namely Mr. Gulab Muhammad is concerned, it is shocking that it is a very glooming state of affair prevailing in the society as the nation as a whole has derailed from the actual track of rightness, sincerity and honesty. They are busy in de-shaping the well built attitude instead of transforming of molding their ways to become responsible, law abiding and dutiful citizen. The law enforcing agencies fully vested with the power to cope with such like people under the law.
10. For the reasons given hereinabove, this petition for bail, is dismissed.