HYDERABAD, Aug 29: Anti-Terrorism Court Judge Syed Ali Ashraf Shah on Monday remanded Noor Hussain Shah, brother of Awam Dost panel naib nazim-elect UC Sheikh Bhirkio, Ameer Hyder Shah, into police custody.
Tando Mohammad Khan police had registered a case against Noor Hussain Shah, 22 nominated accused and 10 unidentified persons under section 395, 353, 341, 342, 149, 171 PPC, 324 Qisas and Diyat, 17(3) Hudood Ordinance read with section 6/7 of the Anti Terrorism Act.
The case was lodged on the complaint of a sub-inspector, alleging that the accused had held a police party hostage on August 25 during polling in the area of police post Sheikh Bhirkio.
A police party from Tando Mohammad Khan rushed to the place and got policemen freed from captivity of accused.
The counsel for the accused, Qurban Ali Chohan has filed an application under section 23 of Anti Terrorism Act (ATA), challenging jurisdiction of the court to try the case.
He argued that under section 23 the court had the powersto return the challan to police for re-submission in the court.
He added that if the anti- terrorism court tried these offences of 17(3) of Hudood Ordinance the trial would become coram non judice (trial without jurisdiction) and entire trial would be deemed to be void and unlawful.
He said that all these offences were to be tried by a first class magistrate or sessions judge.
The court has issued notices to special public prosecutor on both the applications.
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