1. ' The facts leading to the present application for bail are that applicant Mst. Tahira Parveen is facing trial before Special Judge for Anti-Terrorism, Karachi, under sections 365-A, 342 and 109 read with section 34, P.P.C., which has arisen out of F.I.R. No,144 of 1998 of Police Station New Town, Karachi.
2. ' The brief facts of the prosecution case as disclosed in the F.I.R., lodged by complainant Saifuddin on 23-6-1998 are reproduced herein below:-- "I reside at above address and employed in a private printing press. Today at about 11-30 hours I was driving my official Car No,U-5034 Suzuki Mehran. While I reached Stadium Road via Sir Shah Suleman Road a yellow cab appeared from my back and intercepted my car in a blocking position.
3. Two persons came out of the taxi, one was of white complexion having curly hairs and other one was of whitish complexion, both were of strong built. One of them sat on front seat of my car and one sat on rear seat. Person sitting on front seat put a pistol on my ribs and said that we are policemen and follow our directions and I was taken in my car to a house near the Sindh Government Press, I was taken to the first floor of the house and was locked. After some time their third companion alongwith a lady appeared in the room. This was the man who had intercepted my car. He enquired about my name but I gave him wrong name, the other person started taking search of me and took out my vallet, mobile phone, and also got a photocopy of my N.I.C., which showed my real name as Muhammad Saifuddin. Upon this wrong information by me I was beaten with the pistol butt. They directed me to contact my wife on telephone, and said give us telephone No,1 and sent for Rs,100,000 from your wife, otherwise, your naked photographs will be taken with this lady and would be published in news-papers. At the same time I got an opportunity and I hit a man with kick and pushed the other one, ran towards gallery, and started crying, upon which people started gathering outside the house. Those three persons alongwith the lady tried to catch me but I jumped from the gallery and came out of the house, I asked for lift to a person going on motor-bike who left me at the Malir Cantt. I made a phone call to my elder brother and went to Model Colony Police Station, from there I informed the C.P.L.C. I say that I was kidnapped by the accused persons whose names are not known, and I was kept in captivity for the purpose of ransom."
4. ' During the course of investigation applicant/accused was arrested and after investigation she was sent up alongwith co-accused to stand trial in the Court of Special Judge, Anti-Terrorist Activities, Karachi Division.
5. ' The applicant/accused applied for bail before the trial Court but it was declined by impugned order dated 26-1-1999.
6. ' We have heard Mr. S.M. Iqbal, learned counsel for the applicant and Syed Jalil Ahmed Hashmi learned A.A.-G. On behalf of the State. The latter opposed the bail plea of the applicant/accused.
7. Section 30(3) of Anti-Terrorism Act, 1997, postulates that no Court can grant bail except the Special Court i,e, trial Court, constituted under the Act.
8. ' It will be pertinent to reproduce herein under subsection (3) of section 30 of the Anti-Terrorism Act, 1997, for ready reference, "30 ...........................................................................................................................
(2) ........................................................................................................................
(3) Notwithstanding the provisions of sections 439, 491, 496, 497, 498, 498-A and 561-A of the Code, no Court other than a Special Court shall have the power or jurisdiction to grant bail, or otherwise release, an accused in a case triable by a Special Court.
9. (4)
10. The perusal of above referred provisions clearly show, that the powers of this Court with regard to grant of bail are taken away by the legislature and this Court is not competent to grant bail. The Courts are creation of statute. They have, therefore, to follow the law as given by the Legislature and any departure from it would be unwarranted in the eyes of law.
11. ' The upshot of the above discussion is that prima facie application for bail is not maintainable in law. Resultantly, the same is dismissed.