' TAU DUQ HUSSAIN JILANI, J.---This judgment shall dispose of W.P. No,16369 of 1998 and W.P.
No,14704 of 1998 as common questions of law have been raised.
' In W. P. No,16369 of 1998 petitioner was proceeded against in a case registered vide F.I.R., No, 105, dated 10-6-1998 under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 365-A, P.P.C. Police Station Kohsar C.I.A., Islamabad with the allegation that the petitioner abducted complainant's daughter, namely, Afia Yousaf, a college going student, for the purposes of illicit liaison. After due investigation the challan was submitted in the Special Court Rawalpindi constituted under the Anti-Terrorism Act, 1997.
' In W.P. No,14704 of 1998 petitioner along with two others were booked in a case registered vide F.I.R.
No,145 of 1998, dated 20-4-1998 under section 10(4)/11 Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 read with section 377-J, P.P.C. Police Station Ghalib Market, Lahore with the allegation that the petitioner and his companions abducted Mst. Shamaila Kausar and subjected her to rape. The case is pending trial in the Special Court No,2 Lahore constituted under the Anti- Terrorism Act, 1997. In both the writ petitions the prayer is that since the offences do not fall within the ambit of action 6 of the Anti-Terrorism Act, 1997, therefore, the assumption of., jurisdiction by the Special Courts is bad in law. Learned counsel has referred to Mehram Ali's case (PLD 1998 Supreme Court 1445) to contend that the parameters laid down by the Hon'ble Supreme Court shall have to be adhered to and cases which do not fall within the ambit of the Act cannot be tried by the Special Courts. He has placed on record a photostat copy of the judgment, dated 1-10-1998 delivered in W.P. No,17734 of 1998 whereby a Division Bench of this Court transferred a case registered under section 365, P.P.C., from Anti-Terrorism Court to an ordinary Court as the facts of the said case did not disclose the commission of a terrorist act. While referring to Mehran Ali's case the Court extensively quoted the intent of Supreme Court of India in Usmanbhai Dawoodhai Memon v. State of Gujrat ((1988) 2 SCC 271) wherein it was observed as under:- "Therefore, when a law visits a person with serious penal consequences extra care must be taken to ensure that those whom the Legislature did not intend to be covered by the express language of the statute are not roped in by stretching the language of the law."
2. Mr. Imtiaz Kaifi, the learned Assistant Advocate-General Punjab has opposed the prayer by submitting that in both the cases the offences committed were serious and that since such incidents which raise general feeling of security and public shock they warrant speedy disposal and their trial by the Special Courts would meet the ends of justice.
3. We have considered the submissions made at the Bar and have also gone through the relevant case-law.
4. A bare reading of the judgment of the Hon'ble Supreme Court in Mehram Ali's case reference of which has been made would show that while interpreting the scope of sections 6, 7 and 8 of the Anti-Terrorism Act, 1997, the august Court, at page 1462, held "that the offences mentioned in the Schedule should have nexus with the objects mentioned in sections 6, 7 and 8 of the Act. Examining the case in hand from the touch stone laid down by the Hon'ble Supreme Court we find that the facts in the fore-referred cases cannot be classified as terrorist acts to justify assumption of jurisdiction by the Special Court. Both the cases do not disclose facts which would warrant the assumption of jurisdiction by the Special Court. However, there are certain features which warrant that these cases be decided expeditiously. We, therefore, direct that the case registered vide F.I.R.
No,105, dated 10-6-1998 under section 11 Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 365-A, P.P.C., Police Station Kohsar, Islamabad pending in the Anti-Terrorism Court Rawalpindi shall stand transferred to the Court of District and Sessions Judge Rawalpindi who shall try the same himself and ensure that the same is decided within a period of three months from the date of petitioner's appearance before it. Similarly, the case registered vide F.I.R.
No,145 of 1998, dated 20-4-1998 under section 10(4)/11 of the Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 read with section 337-J, P.P.C., Police Station Ghalib Market, Lahore pending before Special Judge Anti-Terrorism Court No,2 Lahore shall stand transferred to the District and Sessions Judge, Lahore who shall try the same himself or transmit it to another Additional Sessions Judge who shall ensure that the same is decided within three months from the date of petitioners' appearance before him. Petitioners in both the petitions shall be produced before the learned Trial Courts on 3-5-1999. The learned Assistant Advocate-General shall ensure compliance of this order. Disposed of.