' SH. RIAZ AHMAD, J.---Through this writ petition, the trial by a Special Court constituted under the Suppression of Terrorist Activities Act, 1975 has been challenged. To assail the assumption of jurisdiction by the Judge, Special Court (Suppression of Terrorist Activities), Gujranwala constituted under the said Act to try the petitioner on a charge under section 7 of the Surrender of Illicit Arms Act, 1991, precisely it was contended by the learned counsel for the petitioner that the Ordinance after having been promulgated had lapsed after expiry of four months inasmuch as it was promulgated on 2-7-1991. Thereafter it is stated that the Act XXI of 1991 was promulgated on 2-12- 1991. The occurrence took place on 13-1-1992. However, no notification under subsection (3) of section 1 of Act XXI of 1991 had been issued till then. The contention raised by the learned counsel for the petitioner is correct and in consonance with law. Similarly, the offence under section 4 of the said Act has not been incorporated as also not included in the Schedule to the Suppression of Terrorist Activities Act, 1975 and, therefore, on that score as well the Court constituted under the said Act cannot assume jurisdiction. The plea is in conformity with law. We hold that the assumption of jurisdiction in this case by a Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1975 is without lawful authority and jurisdiction. Thus the trial as well as conviction of the appellant is unsustainable being illegal and without jurisdiction. Hence the conviction and sentence of the petitioner is set aside. He shall be released forthwith, if not required in any other case.
2. Before parting with this judgment we would observe that the prosecution of the petitioner can be launched under section 13 of the Arms Ordinance, 1965 before a Court of competent jurisdiction.
The ordeal of this trial and the period of sentence suffered by the petitioner shall be taken into consideration by a Court of competent jurisdiction while dealing with this case.
Conviction/.