IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
 
PRESENT: 
Mr. Justice Mazhar Alam Khan Miankhelo 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
Civil Petition No.1285 of 2020 
(Against the judgment dated 12.03.2020 passed by the Lahore High 
Court at Rawalpindi Bench in W.P. No.3673/2019)  
 
 
 
Jahangir Khan 
 
 
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
 
 
Khalid Latif 
…Respondent(s) 
 
 
For the Petitioner(s): 
Ch. Abdul Khaliq Thind, ASC 
 
Syed Rifaqat Hussain Shah, AOR 
 
For the Respondent(s): 
N.R. 
 
Date of hearing: 
03.08.2020. 
 
ORDER 
 
              Qazi Muhammad Amin Ahmed, J.- Petitioner is amongst 
the array of accused, who allegedly kidnapped Khalid Latif respondent 
along with his wife while the family was on way to Murree. The accused 
were clad in police uniform and ostensibly arrested and handcuffed the 
respondent for being an accused in some criminal case registered at 
Jhelum; they snatched valuables that included cash and gold 
ornaments. On way to Jhelum, the accused attempted to shift the 
respondent after crossing Mandra Toll Plaza when a contingent of 
Highway Patrolling Police was attracted to the scene and rescued the 
family, however, the accused managed to escape with the loot. A 
criminal case vide FIR No.249 was registered at Police Station 
Westridge Rawalpindi under various penal provisions that included 
section 365-A of the Pakistan Penal Code, 1860, on the basis whereof, 
a report under section 173 of the Code of Criminal Procedure 1898 was 
submitted in an Anti Terrorism Court at Rawalpindi. The accused 
motioned for remission of the case into regular jurisdiction, a request 
Civil Petition No.1285-2020  
2
conceded vide order dated 4.5.2018 by the learned Special Judge Anti-
Terrorism Court-II Rawalpindi, however, reversed vide impugned order 
dated 12.3.2020, vires whereof, are being assailed on the ground that 
the learned trial Judge had rightly remitted the case for trial in regular 
jurisdiction as the accusation even if admitted as gospel truth fails to 
disclose mischief of section 365-A of the Code, an offence exclusively 
triable by an Anti Terrorism Court. 
2. 
 
Heard. 
3. 
 
We have gone through the record annexed with the petition 
and do not consider it expedient to comment on the merits of the case 
lest it may cast its shadow upon the outcome of the trial. The High 
Court has discreetly attended the controversy leaving the fate of the 
case to be finally decided after recording statements of the prosecution 
witnesses, a course wisely suggested in the face of accusations leveled 
by the couple who allegedly endured the ordeal, with an option to the 
accused to re-agitate the issue afresh on the basis thereof, if need be. 
View taken by the High Court does not suffer from any jurisdictional 
error or flaw and, thus, calls for no interference. Petition fails. Leave 
declined.  
 
 
 
 
Judge 
 
 
Judge 
Islamabad, the 
3rd August, 2020 
Not approved for reporting 
Azmat/- 
