1. ' MUHAMMAD ROSHAN ESSANI, J.---The facts leading to present Criminal Revision Application are that the applicant/complainant filed an application before the learned trial Court praying therein that Sessions Case No,391 of 2001 which arose out of F.I.R. No,44 of 2001 of Police Station Super Market, Liaquatabad under sections 147, 148, 149, 302, 34, P.P.C. May be sent to the A.T.A. Court, Karachi for trial. The trial Court dismissed the applications by impugned order dated 26-3-2002.
2. ' The brief facts of the prosecution case as disclosed by the applicant/complainant Syed Raees Alam in the F.I.R. Lodged on 9-5-2001 are reproduced hereinbelow:-- "I live on the above mentioned address. Today i,e, 8-5-2001 while I was present in my house when at about 9-O'clock in the night, my tenant Shopkeeper Rashid came to my house and told me that (offset) the dead body of my son Syed Shehanshah Alam who is a Police Constable No,2147, is lying in front of the House No,1/298 situated at Naseem Parchoonwala Street, Liaquatabad. On receiving this information, I rushed immediately towards the stated place where Police Party was already present. I took the dead body of my son Shahanshah Alam aged about 24 years to Abbasi Shaheed Hospital. Prior to this my brother Syed Anis Alam was also killed and case is still pending in the Court. I and my son Shahanshah Alam were receiving threats from accused Imran Ali son of Ashfaq and Khursheed Alam son of Muhammad Zakiruddin that if we persuaded the case of the murder of my brother we will not be spared but would be killed. Today abovesaid accused persons were seen with Pervaiz son of Bashir in the area, therefore, I suspect that accused Imran Ali, Khursheed Alam and Pervez in collusion with their companions have committed murder of my son Syed Shahanshah Alam with fire-arm. Investigation be made."
3. ' After usual investigation the respondents/accused 2 to 6 were sent 'up to stand trial.
4. ' We have heard Mr. S. M. Aamir Naqvi learned counsel appearing on behalf of the applicant/complainant.
5. It is contended by the learned counsel that the deceased Syed Shahanshah Alam was a police constable, therefore, only A.T.A. Court is competent to take cognizance of the case. In support of his contention he has referred to section 2(a)(ii) of the Schedule of Anti-Terrorism Act, 1997 (Act No, XXVII of 1997) substituted by Notification dated 13-12-1997. He has also placed reliance upon the case of Nadeem Butt v. The Special Court and another, reported in NLR 2000 Criminal 25.
6. ' We have also heatd Mr. Habib Ahmed learned A.A.-G. Appearing on behalf of the State. He stated that the present application is misconceived.
7. The plain reading of the F.I.R. Shows that the deceased Syed Shahanshah Alam, police constable was not killed while performing his duties. Merely because a policeman was killed is not sufficient ground for the trial of the case by the Anti-Terrorism Court. In the case of Mehram Ali and others v.
8. The State reported in PLD 1998 SC 1445 it was held by the Honourable Supreme Court that the offences mentioned in the Schedule of Anti-Terrorism Act should have nexus with the objects mentioned in sections 6, 7 and 8 of the Act. If an offence included in the Schedule has no nexus with sections 6, 7 and 8 of the Act, in that event, notification including such an offence to the extent will be ultra vires.
9. ' It will be pertinent to reproduce hereinbelow the relevant provisions of the Anti-Terrorism Act, 1997 for the sake of convenience.
10. ' The words "Court", "Schedule" and "Scheduled Offence" are defined under sections 2(e), 2(s) and 2(t) in the Anti-Terrorism Act, 1997 as under:-- "2(e) 'Court' means an Anti-Terrorism Court established under section 13; 2(s) 'Schedule' means a Schedule to this Act; 2(t) 'Scheduled Offence' means an offence as set out in the Third Schedule."
11. ' Section 17 of the Anti-Terrorism Act, 1997 relates to the powers of the Anti-Terrorism Courts with respect to other offences. The same is reproduced hereinbelow:-- "17. Powers of (Anti-Terrorism Courts) with respect to other offences,---When trying any scheduled offence (an Anti-Terrorism Court) may also try any offence other than the scheduled offence with which the accused may; under the code, be charged at the same trial."
12. ' It will also be pertinent to reproduce hereinbelow the Schedule in extenso relied upon by the learned counsel appearing on behalf of the applicant:-- "SCHEDULE [See section 2(e)]
1. Any offence punishable under this Act.
2. Any offence punishable under any of the following sections of the Pakistan Penal Code (Act XLV of 1860), namely:--
(a) Section 302--
(i) if committed with a cannon, grenade, bomb or rocket; or
(ii) if the victim is a member of police, armed forces or civil armed forces or is a public servant; or
(iii) if committed during or while committing the offence of robbery or dacoity and committed after the commencement of this Act; Or
(b) Section 295 A, 365 and 365A; or)**
(ba) section 377, if the victim is below the age of twelve years and committed after the commencement of this Act; and"
(c) sections 392 to 395, 397 or 398, if in committing the offence, the offender or any of the offenders commits the offence or murder or Zina-bil-Jabr punishable under sections 6,7, 8 or 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979) and committed after the commencement of this Act, (2-A) Any offence punishable under sections 6, 7, 8 or 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), if committed in committing any of the offences punishable under sections 392 to 398 of the Pakistan Penal Code (Act XLV of 1860) and committed after the commencement of this Act.
13. (2-B). Any offence punishable under sections 6, 7, 8 or 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), if the victim is under the age of twelve years and committed after the commencement of this Act.
(3) An Offence punishable under subsection (4) of section 10 of the Offence of Zina (Enforcement of Hudood) ordinance, 1979 (VII of 1979), if committed after the enforcement of this Act.
(4) Any attempt of conspiracy to commit or any abetment of any of the aforesaid offence.
(5) Any offence including an offence punishable under the Pakistan Arms Ordinance, 1965 (W.P.
14. Ordinance. XX of 1965), committed conjointly with any other offence punishable under this Act.
15. [Added by Ordinance No,IV of 1999 and shall be deemed to have taken effect on 24-2-1999, also Ordinance No,XIII of 1999 dated 27r8-1999]."
16. ' The Schedule reproduced hereinabove was again substituted by Ordinance No,XXIX of 2001 dated 15-8-2001. The substituted Schedule is reproduced hereinbelow:-- "THIRD SCHEDULE"
17. (Scheduled offences)
18. (See section 2(t))
(1) Any act of terrorism within the meaning of this Act including. Those offences which may be added or amended in accordance with the provisions of section 34 of this Act.
19. (2)- Any other offence punishable under this Act.
(3) Any attempt to commit, or any aid or abetment of, or any conspiracy to commit, any of the aforesaid offences."
20. The perusal of the above provisions of Anti-Terrorism Act, 1997 as well as Schedule substituted by Ordinance No,XXIX of 2001, dated 15-8-2001 and the facts of the 'present case shows that the contention of the learned counsel appearing on behalf of the applicant is not tenable in law. It is well-settled that the procedural law has retrospective effect and not prospective if the same not curtails the vested rights in existence at the time of the passing of the statute.
21. ' The citation relied upon by the learned counsel appearing on behalf of the applicant is distinguishable from the facts and circumstances of the present case. Resultantly the criminal revision is not maintainable and stands dismissed.