ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

CONST. PETITION NO. D-5287 OF 2013

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Dated Order with signature of Judge

1. For Order on Misc. No. 469/2014 (O 23 R 1)

2. For Katcha Peshi

(Notice not issued cost not paid nor copies supplied)

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21.01.2014

Mr. Qadir Hussain Khan Advocate alongwith Petitioner Sher Afzal

Mr. Waqar Shah advocate alongwith SI Tufail Ahmed and ASI Muhammad Waryal Respondents No.6 and 7.

SI Maqbool Ahmed, Investigation Officer, P.S. SITE-A Investigation-I, West, Karachi

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The Petitioner seeks transfer of Crime No. 838/2013 under Section 302/34 PPC of Police Station SITE-A, Karachi-West to the Anti-Terrorism Court, Karachi.

Learned counsel for the Petitioner contends that the brother of the Petitioner alongwith two others was arrested and brought to the Police Station SITE where he was shot dead by SHO/SI Tufail Ahmed and therefore, it is a brutal murder which sensitized the society and is triable by the Anti-Terrorism Court. Contra, police case is that there was an encounter in which the brother of the Petitioner was shot and the remaining two were arrested in Crime No. 652/2013 under Section 324/353/186/34 PPC registered at Police Station SITE-A. The investigation of both the crimes was conducted by different Investigating Officers and it is stated before us that both the crimes have been challaned. In this scenario, after hearing the learned counsel for the respective parties, we by consent dispose of this petition by directing the District Judge, Karachi West to ensure that both the crimes / cases are entrusted to one Court of Sessions which shall in the first instance decide the jurisdiction in Crime No. 838/2013 and if it comes to conclusion that it lacks jurisdiction, it would send the case to the Anti-Terrorism Court and in case he comes to the conclusion that the Court of Sessions has jurisdiction in Crime No. 838/2013 then both crimes should be tried together expeditiously and it would be ensure that the case is finally decided within a period of six months with weekly report to this Court through M.I.T.

JUDGE

Amj/PA