Anti terrorism court has power to try a child under the age of 15 years. This principle is laid down in this judgment of peshawar high court.
Citation Name : 2007
PCRLJ 1011 PESHAWAR-HIGH-COURT-NWFP
Side Appellant :
MERAJ HUSSAIN
Side Opponent :
JUDGE, ANTI-TERRORISM, NORTHERN AREAS, GILGIT
---S.
324/34---Anti-Terrorism Act (XXVII of 1997), Ss.6/7---Juvenile Justice System
Ordinance (XXII of 2000), S.4---Constitution of Pakistan (1973),
Art.199---Constitutional petition---Trial of juvenile offenders by
Anti-Terrorism Court---Jurisdiction---Later law promulgated by Juvenile Justice
System Ordinance, 2000, did not curtail or limit the power of Anti-Terrorism
Court pertaining to the trial of a "child ", but had further
regularized the same, as the said Ordinance would work in addition to and not
in derogation of any other law for time being In force---"child " as
defined in Juvenile Justice System Ordinance, 2000, involved in a case of
terrorism as defined in Anti-Terrorism Act, 1997, could legitimate ly be tried
by a Court established under Anti-Terrorism Act, 1997, and the provisions
contained in Juvenile Justice System Ordinance, 2000, would not affect the
trial of a "child " by the Anti-Terrorism Court---Impugned order
passed by the Anti-Terrorism Court dismissing the application of accused for
their trial by a Juvenile Court, was consequently upheld---Constitutional
petition was dismissed accordingly. 2005 MLD 1028 dissented from.
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