IN THE HIGH COURT OF SINDH
CIRCUIT COURT, LARKANA
Crl. Misc. Appln. : Nadir Ali alias Nadir Chandio vs.
No. S- 418 f 2021 SHO, P.S Kamber City& Others
For the Applicant : Mr. Ghulam Muhammad Barejo, Advocate
Date of hearing : 04.02.2022.
Date of announcement : 04.02.2022.
ORDER
Agha Faisal, J. (1) Deferred. (2) Granted; subject to all exceptions. (3) Learned counsel has impugned order dated 10.11.2021 rendered by the learned Sessions Judge, Kamber-Shahdadkot @ Kamber, whereby the pertinent applications have been allowed and the matter has been sent for submission before the concerned Anti-Terrorism Court having jurisdiction. It is pertinent to reproduce the findings of the learned Court herein below:
“I have heard accused in person and learned Incharge DPP for the State and perused material available on record, it appears that the accused had participated in the counter firing against the police, in result of which, accused Riaz Berkani Chandio sustained firearm injury and he was also apprehended at the spot with crime weapon.
Admittedly, the case falls within the ambits of section 6 (2) (n) of ATA, 1997 which reads in the following manner:-
6. Terrorism: (1) In this Act, “terrorism” means the use or threat of action.
(2) An “action” shall fall within the meaning of sub section (1),
If it.
(n) Involves serious violence against a member of the police force, armed forces, civil armed forced, or a public servant.
I am fortified from unreported case law on the above point passed by Hon’ble High Court of Sindh at Karachi in Crl. Bail Applications No. 21/2016 and 22/2016 Jahanzaib Khan son of Akram Khan v. The State, wherein the Hon’ble High Court has transferred the case of above nature so also a latest judgment dated 26.11.2020 passed by Hon’ble High Court of Sindh in the Criminal A.T.J Appeal No. 184/2019, submitted by the learned Incharge DPP for the State. The said case was tried by the learned Anti-Terrorism CourtNo.X, Karachi being a Special Case No.150/2019, wherein accused was convicted, but Hon’ble High Court of Sindh has not discussed any jurisdiction point in the judgment that the case was not triable by the Court of learned ATC.
In view of the case laws cited above, the present cases cannot be tried by this Court, hence above cases are hereby returned for want of jurisdiction. Accused Riaz son of Loung by caste Berkani Chandio and accused Nadir son of Abdul Hakim by caste Berkani Chandio are present on bail. They are taken into custody and remanded to C.P Larkana. They are on bail, hence their bail bonds stand cancelled and sureties discharged. Moreover, Investigation Officer of above cases is directed to collect case/ police papers from the Court and to submit the same before the concerned Court of ATC having jurisdiction, under intimation to this Court.”
2. Learned counsel was asked to read out the F.I.R and it is apparent there from that the allegations include serious violence against members of the police force and the applicant is nominated in the said F.I.R. It is in this context that it is seen that the observation drawn vide the impugned order is in consonance with the record.
3. It is trite law[1] that where the fora of subordinate jurisdiction had exercised its discretion in one way and that discretion had been judicially exercised on sound principles the supervisory forum would not interfere with that discretion, unless same was contrary to law or usage having the force of law.
4. Learned counsel for the applicant has remained unable to identify any infirmity with respect to the impugned order, therefore, no interference is merited, therewith. In view hereof, the present Criminal Misc. Application is hereby dismissed in limine.
JUDGE
[1]Per Faqir Muhammad Khokhar J. in NaheedNusrat Hashmi vs. Secretary Education (Elementary) Punjab reported as PLD 2006 Supreme Court 1124; Naseer Ahmed Siddiqui vs. Aftab Alam reported as PLD 2013 Supreme Court 323.