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PLJ 2016 Lahore 273

GHULAM RASOOL vs NASIR IQBAL and 4 others

CitationPLJ 2016 Lahore 273
CourtLahore High Court
Case No.W.P. No. 8744 of 2012
Date2015-11-24
Judge(s)Sadaqat Ali Khan, Erum Sajjad Gul
ResultPetition allowed

ORDER

' Instant writ petition has been filed by the petitioner/ complainant against order dated 3.4.2012 passed by learned Special Judge, Anti-Terrorism Court-I, Faisalabad according to which Section 7 of the Anti-Terrorism Act, 1997 is not attracted in the instant case and accused were directed to produce before the Court of ordinary jurisdiction (Judicial Magistrate) in case FIR No. 251/2012 dated 29.3.2012, under Sections 506/365/382/147/148 PPC (Sections 337-A.I), 337-L(ii) 353, 186, PPC and 7 of Anti-Terrorism Act, 1997 were added later on) registered at Police Station City Chiniot.

2. We have heard the learned counsel for the petitioner as well as Deputy Prosecutor General and perused the record whereas no one is present from accused's side.

3. Ghulam Rasool Constable the then driver of DSP/HQ, Chiniot is complainant of this case who stated in case FIR No. 251/2012 dated 29.3.2013 as under: {{URDU TEXT}}

4. Admittedly, the occurrence had taken place on the road and the petitioner was on his official duty. It could not be said that it was a case of petty quarrel between the parties as officials while on their official duties, dressed in their uniforms were severely beaten, tortured and locked up. Their uniforms were torn and they had to be rescued with the help of the police. The torn uniforms of the police officials were taken into custody by the local police and a recovery memo. Was prepared which is on the police file. The Investigating Officer also visited the place of occurrence and recorded the statements confirming that the occurrence had taken place. We are of the view that the ingredients of Section 6 of Anti-terrorism Act, 1997 are attracted to the case in hand and it cannot be taken lightly when officials on duty are beaten up publicly as this weakens-the writ of the State.

5. In view of the above, this writ petition is hereby allowed and the impugned order dated 03.04.2012 is set aside. At this stage, learned Deputy Prosecutor General points out that case is pending in the Court of Judicial Magistrate, Chiniot who is directed to transmit the case forthwith to the Court of Special Judge, Anti-Terrorism Court-I, Faisalabad for trial in accordance with law.

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