PESHAWAR: Setting aside an anti-terrorism court’s order, a Peshawar High Court bench on Wednesday ruled that any offence in which explosive material was used came within the purview of the Anti-Terrorism Act and therefore, it should be dealt with by an anti-terrorism court (ATC).

Justice Syed Afsar Shah and Justice Ishtiaq Ibrahim accepted a petition filed by former MPA Khan Jawed Khan against the order of an ATC in Abbottabad to refer a case of attack on his convoy to a regular court for decision.

The attack had left six of the petitioner’s guards dead and inflicted injuries on him and his driver.

The ATC had ruled that as it was a case of personal enmity, it did not fall under the Anti-Terrorism Act and should be dealt with by a regular court.

The ATC had referred the case to Haripur’s district and sessions judge.

Accepts plea against referring of a convoy attack case to a regular court

The bench also directed the relevant office of the high court to send its judgment to all ATCs in the province for adherence in future.

Shabbir Hussain Gigyani, lawyer for the petitioner, said his client was a former MPA and was contesting the local government elections last year for the seat of a district councillor in Haripur.

He said on May 5, 2015, the petitioner along with personal guards was travelling in two vehicles in connection with his election campaign when their vehicles came under attack from his rivals.

The lawyer added that the attackers had also used explosive material including hand grenades in the attack, which killed six guards.

He said the relevant ATC at Abbottabad had transferred the case on July 10, 2015, to the sessions court ruling that it was not an offence under the ATA 1997.

The lawyer pointed out that when the petitioner went to the district courts in Haripur in Sept 2015 in connection with the case, he was killed by an absconding accused in the case.

He added that the current petition had been pursued by the petitioner’s son.

The lawyer said any offence in which explosive material was used was included in the schedule of offences in the ATA irrespective of the fact that it was an act of personal enmity. He added that attackers had used explosive material in the attack and for the same reason, sections of the Explosive Substance Act were also included in the FIR apart from the provisions of the Pakistan Penal Code and ATA.

The lawyer said the accused were involved in a heinous offence, which killed six people and terrorised the people all through the district.

The counsel for the accused insisted the case was based on personal enmity and had nothing to do with terrorism.

Published in Dawn, September 22nd, 2016