' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 18-11-2002 of a learned Division Bench of the Lahore High Court, Lahore, whereby Writ Petition No,19489 of 2002 filed by respondent No,1, Muhammad Saleem, against the assumption of jurisdiction by the Anti- Terrorism Court No,III, Lahore, was accepted and the trial emanated out of F.I.R. No,51 of 2002 registered at Police Station South Cantt., Lahore on 28-1-2002 under sections 365-A, 395/109, P.P.C.
Read with sections 6 and 7 of the Anti-Terrorism Act, 1997 (hereinafter referred to as the Act), was entrusted to the learned District and Sessions Judge, Lahore, to be tried by him or by any Additional Sessions Judge.
2. The facts briefly narrated are that the aforesaid F.I.R. Was got recorded at the instance of the petitioner, Abdul Ghafoor Bhatti. After usual investigation, challan was submitted before the Judge, Anti-Terrorism Court No,III, Lahore. While the trial was in progress, an application under section 23 of the Act was moved by respondent No,1 before the learned Special Judge for the transfer of the case to the ordinary Court. The learned Special Judge through his order dated 15-10-2002 rejected the said application. The respondent challenged the assumption of jurisdiction by the Special Court and rejection of his application before it through order dated 15-10-2002 by filing Writ Petition No,19489 of 2002 which was accepted by a learned Division Bench of the Lahore High Court, Lahore, and as already stated in the preceding paragraph the trial was entrusted to the ordinary Court.
3. It is argued by the learned counsel for the petitioner that the impugned judgment has been rendered in clear violation of the provisions of sections 6 and 7 of the Act. The facts and circumstances of the present cases amply deserve its trial by the Anti-Terrorism Court. According to him, it is a case of dacoity inclusive of kidnapping of two minors for ransom having nexus with sections 6 and 7 of the Act alongwith its Schedule.
4. Learned counsel appearing for respondent No,1 has supported the impugned judgment denying the nexus of the facts and circumstances of the case with the provisions of the Act aria, according to him the alleged allegation against the respondent were of such a nature that they did not have any nexus with the object of the Act.
5. We have considered the contentions raised by the learned counsel of the parties and have gone through the entire documents appended with this petition. The facts of this case as reflected from the record demonstrate that six dacoits entered the house of the complainant with lethal fire-arm weapons and dragged the inmates of the house and confined them in a room. They were deprived of their valuables and two of the minor children were kidnapped who were subsequently retrieved from their custody after payment of ransom to the tune of Rs,10,00,000. The argument of the learned counsel for the respondent that there was no intention on the part of the respondent to create terror or insecurity among the people of the society as the purpose of the respondent was only to demand money simpliciter is without any force. The Courts have to see the impact of the act which the miscreants have perpetrated. In the case in hand two minors were abducted for ransom by the miscreants. Such-like act has certainly got the tendency to create sense of fear and insecurity in the minds of the people or any section of the society. The psychological effect created upon the minds of the people would be the guiding feature so as to see whether the act complained of has got nexus with sections 6 and 7 of the Act. It is not necessary that the said act must have created insecurity. As already stated the Courts have to see only the tendency whether nature of such an act would create sense of insecurity. By no stretch of imagination, it can be said that the abduction of minors at gun points would not create terror among reasonable and prudent persons of the society. Reference in this regard is made to the case of Mst. Raheela Nasreen v. The State and another 2002 SCM R 908 wherein the husband was killed by a batman in connivance with his wife inside the house. However, the case was tried by the Special Court constituted under the Act as the act of the batman in the circumstances was likely to strike terror leading to the feelings of insecurity among the Army officers in spite of the fact that they had not seen the incident which took place within the fourwalls of the house. Reliance is also placed upon Muhammad Mushtaq v.
Muhammad Ashiq and others PLD 2002 SC 841 where it was held that the psychological effect produced by the action of the miscreants upon the society would be the determining factor.
Nobody can deny the fact that the abduction of minors at the show of lethal weapons would certainly create sense of insecurity among the general public.
6. Resultantly, for what has been stated above, this petition is converted into appeal and the same is allowed. The case of respondent No,1 emanating out of above F.I.R. Shall be entrusted to the Anti- Terrorism Court No,III, for decision in accordance with law. However, there will be no order as to costs.