THE ANTI-TERRORISM ACT, 1997
ACT NO. XXVII OF 1997
[Dated 20th August, 1997]
An Act to provide for the prevention of terrorism,
sectarian violence and for speedy trial of heinous offences;
The following Act of Majlis-e-Shoora (Parliament) received the assent of the
president on the 16th August, 1997, is hereby published for general information:--
WHEREAS It is expedient to provide for the prevention of terrorism, sectarian
violence and for speedy trial of heinous offences and for matters connected therewith
and incidental thereto;
It is hereby enacted as follows:-
1. Short title and commencement
(1) This Act may called the Anti-Terrorism Act, 1997.
(2)it extends to the whole of Pakistan.
(3) It shall come into force at once.
Punjab Province.
For the purposes of the prevention and punishment of the commission of terrorist
acts and scheduled offences to have resort to the provisions of the said act for the
whole of the province of Punjab.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context,---
(a)"armed forces" means the Military, Naval an Air
Forces of Pakistan and the Reserves of such Forces;
(b)"Civil armed forces" means the Frontier
Constabulary, Frontier Corps, notified by the Federal
Government as such;
(c)"Code" means the Code of Criminal Procedure, 1898
(Act v of 1898);
(d)"Government" means the Federal Government;
(d- a) "a High Court" means the High Court having
territorial jurisdiction in respect of the area for which an
anti-terrorism court ahs been established;
(e)"Scheduled offence" means an terrorist or sectarian
related offence as set out in this Act or the Schedule
hereto.
(f)"Sectarian hatred" means hatred against a group of
persons in Pakistan defined by reference to religion
religious sect, religious persuasion, or regional belief;
(g)"Anti Terrorism Court" means an anti terrorism
court constituted under section 13; and
(h) "terrorist act" has the meaning assigned to it in
section 6.
3. Declaration of Intent
If, at any time, in the opinion of the Federal Government, the commission of terrorist
acts and scheduled offences have become common place in Pakistan it may, by
notification in the official Gazette, declare resort to the Provisions of this Act and
thereupon the powers conferred hereunder shall be available for use in accordance
herewith.
4. Calling in of armed forces and civil armed forces in aid of civil powers
(1) It shall be lawful for the Federal Government to order, and subject to sub-section
(2), for the provincial Government to secure, the presence of armed forces and civil
armed forces in any area for the prevention and punishment of terrorist acts and
scheduled offences in accordance with the provisions of this Act.
(2) If, in the opinion of the provincial Government, the presence of armed forces, or
civil armed forces, is necessary in order to prevent the commission of Government to
direct the presence or posting of units or personnel of the armed forces, or civil
armed forces, in such numbers as may be deemed necessary for the Prevention or
control of terrorist acts or scheduled offences.
(3) The Federal Government may decide whether the requirements of the situation
call for the deployment of:--
(a)the civil armed forces; or
(ii) the armed forces,
and on so deciding shall, by means to a notification in the official Gazette issued
under clause (i) or (ii) or both, authorise and direct the posting thereof.
5. Use of armed forces and civil armed forces to prevent terrorism.
(1) Any police officer, or member of the armed forces, or civil armed forces, who is
present or deployed in any area may, after giving sufficient warning, use the
necessary force to prevent the commission of terrorist acts or scheduled offences,
and in so doing shall, in the case of an officer of the armed forces or civil armed
forces, exercise all the powers of a police officer under the code.
(2) In particular and without prejudice to the generality of the provisions of subsection
(1), an officer of the police, armed forces and civil armed forces may:-
(i) after giving prior warning use such force as may be
deemed necessary or appropriate, bearing in mind all
the facts and circumstances of the situation, against any
person who is committing a terrorist act or a scheduled
offence, and it shall be lawful for any such officer, or any
superior officer, to fire, or order the firing upon any
person or persons against whom he is authorized to use
force in terms hereof;
(ii)arrest, without warrant, any person who has
committed an act of terrorism or a scheduled offence or
against whom a reasonable suspicion exists that he has
committed, or is about to commit, an such act or
offence; and
(iii)enter and search, without warrant any premises to
make any arrest or to take possession of any property,
fire-arm, weapon or article used, or likely to be used, in
the commission of any terrorist act or scheduled offence.
(3) Nothing contained in sub-section (1) or (2) shall affect the provisions of Chapter
IX of the Code and the Provisions of section 132 of the Code shall apply to any
person acting under this section.
6. Terrorist Act
A person in said to commit a terrorist act if he,--
(a)in order to, or if the effect of his actions will be to,
strike terror or create a sense of fear and insecurity in
the people, or any section of the people, does any act or
thing by using bombs, dynamite or other explosive or
inflammable substances, or such fire-arms or other
lethal weapons as may be notified, or poisons or noxious
gases or chemicals, in such a manner as to cause, or be
likely to cause, the death of, or injury to, any person or
persons, or damage to, or destruction of, property on a
large scale, or a widespread disruption of supplies of
services essential to the life of the community, or
threatens, with the use of force public servants in order
to prevent them from discharging their lawful duties; or
(b)Commits a scheduled offence, the effect of which will
be, or be likely to be, to strike terror, or create a sense
of fear and insecurity in the people, or any section of the
people, or to adversely affect harmony among different
sections of the people; or
(c)Commits an act of gang rape, child molestation, or
robbery coupled with rape as specified in the Schedule
to this Act; or
(d) Commits an act of civil commotion as specified in
section 7A.
7. Punishment for terrorist act.
Whoever commits a terrorist act,--
(i) referred to in paragraph (a) of section 6, shall--
(a)if such act has resulted in the death of
any person be punished with death; and
(b)in any other case, be punishable with
imprisonment for a term which shall not
be less than seven years but may extend
to life imprisonment, and shall also be
liable to fine; and
(ii) referred to in paragraphs (b) and (c) of section 6 be
liable to the punishment prescribed under the relevant
law.
7A. Creation of civil commotion.
"Civil commotion" means creation of internal disturbances in violation of law or
intended o violate law, commencement or continuation o illegal strikes, go-slows,
lock-outs, vehicles snatching or lifting, damage to or destruction of state or private
property, random firing to create panic, charging bhatha, acts of criminal trespass
(illegal qabaz), distributing, publishing or pasting of a handbill or making graffiti or
wall-chalking intended to create unrest or fear or create a threat to the security of
law and order to incite the commission of an offence punishable under Chapter VI of
the Pakistan Penal Code (Act XLV of 1860).
7B. Punishment for creating civil commotion.—
Whoever commits and act of civil commotion shall be punished with rigorous
imprisonment for a term which may extend to seven years, or with fine, or with
both.
8. Prohibition of acts intended or likely to stir up sectarian hatred.
A person who.---
(a)uses threatening, abusive or insulting words or
behaviour; or
(b)displays, publishes or distribute any written material
which is threatening, abusive or insulting; or
(c)distributes or shows or plays a recording of visual
images or sounds which are threatening, abusive or
insulting; or
(d)has in his possession written material or a recording
or visual images or sounds which are threatening,
abusive or insulting with a view to their being displayed
or published by himself or another,
shall be guilty of an offence if :--
(i) he intends thereby to stir up sectarian hatred; or
(ii) having regard to all the circumstances, sectarian
hatred is likely to be stirred up thereby.
9. Punishment for offence under section 8.
Whoever contravenes any provision of section 8 shall be punished with rigorous
imprisonment for a term which may extend to seven years, or with fine, or with
both.
10. Power to enter or search.
if any officer of the police, armed forces or civil armed forces is satisfied that there
are reasonable grounds for suspecting that a person has possession of written
material or a recording in contravention of section 8 he may enter and search the
premises where it is suspected the material or recording is situated and take
possession of the same:
Provided that the concerned officer shall first record in writing his reasons for such
belief and serve a copy thereof either on the person or on the premises.
11. Power to order forfeiture.
(1) An Anti Terrorism Court by which a person is convicted of an offence under
section 9 shall order to be forfeited any material or recording referred to therein.
(2) Where the person who collected the material or recording cannot be found or
identified the Anti Terrorism Court on the application of the official seizing the
material or recording shall forfeit the material or recording to the State to be
disposed of as directed by it.
12. Jurisdiction of Anti Terrorism Court
(1) Notwithstanding anything contained in the Code or in any other law, a scheduled
offence committed in a area in a Province shall be triable only by the Anti Terrorism
Court exercising territorial jurisdiction in relation to such area.
(2) Notwithstanding anything contained in sub-section (1), if, in respect of a case
involving a scheduled offence committed in any area, the Government, having regard
to the facts and circumstances of the case, in satisfied that in order to ensure a fair
trial, or for the protection and safety of witnesses, that such offence should be tried
by an Anti Terrorism court established in relation to any other area, the Government
may make a declaration to that effect.
Explanation.--- Where an Anti Terrorism Court is established in relation to two or
more areas, such an Anti Terrorism Court shall be deemed, for the purpose of this
sub-section, to have been established in relation to each of such areas.
(3) Where a declaration is made in respect of an offence committed in an area in a
Province, any prosecution in respect of such offence shall be instituted only in the
Anti Terrorism Court established in relation ito such area, and, if any prosecution in
respect of such offence is pending immediately before such declaration in any other
court, the same shall stand transferred to such an Anti Terrorism Court and such an
Anti Terrorism Court shall proceed with such case from the stage at which it was
pending at that time without the necessity of recalling any witnesses.
13. Establishment of the Anti Terrorism Courts
(1) For the purpose of providing for the speedy trial of the case referred to in subsection
(2) and sub-section (3) of section 39A, as well as of scheduled offences, the
Federal Government, or if so directed by the Government, the Provincial Government
may establish by notification one or more the anti-terrorism courts in relation to
each area.
(2) Notwithstanding anything contained in sub-section (1), if, having regard to the
exigencies of the situation prevailing in a province, the Government is of the opinion
that it is expedient to establish in relation to an area, or it relation to two or more
areas, in the province, an anti-terrorism court outside the said area or areas, for the
trial of offences committed in the area, or areas, if may, by notification, establish in
relation to such area or areas an anti-terrorism court at such place outside the said
area, or areas as may be specified in the notification.
(3) Where more the anti-terrorism courts than one have been established in any
area, the government in consultation with the Chief justice of the High court shall
designate a judge of any such court to be an administrative judge and all cases
triable under this Act pertaining to the said area shall be filed before the said court
and such judge may either try the cases himself or, assign any case, or case, for trial
to any other anti-terrorism court at any time prior to the framing of the charge. The
case shall be assigned to a curt one case at a time:
Provided that in order to ensure that the time of the court is not wasted if for some
reason a given case cannot proceed than one case can be assigned to it at any time
or from time to time.
"(4) Notwithstanding anything contained in subsection (2) and subsection (3), the
Federal Government or if so directed by the Government, the Provincial Government
shall in addition to the existing Special Courts or such other Special Courts as may
be established in the area, establish one such additional Special Court under this Act
at the principal seat of the Lahore High Court and the High Court of Sindh and
appoint a Judge of such High Court as a Judge of Special Court ion consultation with
the Chief Justice of the High Court concerned, and where a Judge of a High Court is
appointed as a Judge for any area under this act he shall be the administrative Judge
for that area and such administrative Judge may, in addition to the powers
exercisable under this Act, either suo motu or on the application of any party, at any
stage of the proceedings whether before or after the framing of charge, for sufficient
cause including as mentioned in subsection (!) of section 28, transfer, withdraw or
recall any case pending before any other Special Court in that area and may either
try the case himself or make it over for trial to any other Special Court in that area.
(5) The Special Court to which a case is transferred or recalled for trial under
subsection (4), shall proceed with the case from the stage at which it was pending
immediately before such transfer or recall and it shall not be bound to recall or
rehear any witness who has given evidence and may act on the evidence already
recorded."
14. Composition and appointment of presiding officers of the Anti Terrorism
Court
(1) An Anti Terrorism Court shall consist of a judge, being a person who:-
(i) "is a judge of a high court, or is" or has been a
Sessions judge or an Additional Sessions judge; or
(ii) has exercised the powers of a District Magistrate or
an Additional District Magistrate and has successfully
completed an advance course in Shariah, (Islamic Law)
conducted by the International Islamic University
Islamabad; or
(ii)has for a period of not less than ten years been an
advocate of a High Court.
(2) A judge shall be appointed for a period of two and a half years after consultation
with the Chief justice of the High Court:
Provided that the judge may be removed from office prior to the expiry of the said
period in consultation with the Chief Justice.
15. Place of sitting
(1) Subject to sub-sections (2) and (3), an Anti Terrorism Court shall ordinarily sit at
such place or places as the Government may, by order, specify in that behalf.
(2) The Government may direct that for the trial of a particular case the court shall
sit at such place including the place of occurrence of an offence as it may specify.
(3) Except in a case where a place of sitting has been specified under sub-section
(2), an Anti Terrorism Court may, if it considers it expedient or desirable so to do
either suo motu or on the application of the Public prosecutor sit, for holding the trial
of a case at any place including a mosque other than the ordinary place of its sitting.
16. Oath by the Anti Terrorism Courts
A judge of an Anti Terrorism Court shall, at the commencement of a proceeding
under this Act, make oath, in the case of a Muslim, on the Holy Quran, to the effect
that he shall decide the case honestly, faithfully and considering himself accountable
to Almighty Allah, and in case of a non-Muslim in accordance with the Constitution,
law and his conscience.
17. Powers of the Anti Terrorism Courts with respect to other offences.—
When trying any scheduled offence, an Anti Terrorism Court may also try any offence
other than the scheduled offence with which the accused may, under the Code, be
charged at the same trial.
18. Public Prosecutors
(1) The Government shall appoint in relation to each an Anti Terrorism Court,or a
High Court or Supreme court of Pakistan a Public Prosecutor and may also appoint
one or more Additional Public Prosecutors:
Provided that the Government may also appoint, to any case or class of cases a
Special Public prosecutor.
(2) Every person appointed as a public Prosecutor or an Additional Public Prosecutor
or a Special Public Prosecutor shall be deemed to be a Public Prosecutor within the
meaning of section 492 of the Code, and the Provisions of the Code shall have effect
accordingly.
19. Procedure and powers of the Anti Terrorism Court.
(1) the officer-in-charge of a police-station shall complete the investigation in
respect of a case triable by an Anti Terrorism Court within seven working days and
forward directly to the Anti Terrorism Court a report under section 173 of the Code:
Provided that the Anti Terrorism Court may extend the time within which such
report is to be forwarded in a case where good reasons are shown for not being able
to do so within the time specified in this sub-section.
(2) Any default on the part of an officer-in-charge of a police station, an investigating
officer or any other person required by law to perform any functions in connection
with the investigation, that results in, or has the effect of, delaying investigation or
submission of the report under sub-section (1), shall be deemed to be a willful
disobedience of the order of the Anti Terrorism Court and the person committing the
default shall be liable to be punished for contempt of court.
(3) The Anti terrorism Court may directly take cognizance of a case triable by such
court without the case being sent to it under section 190 of the Code.
(4) In a case triable by an Anti Terrorism Court, orders for detention of an accused in
police custody under section 167 of the Code shall be obtained from the Anti
Terrorism Court concerned which shall record reasons for authorizing or refusing
such detention:
Provided that, where an accused cannot within twenty-four house be produced
before an Anti Terrorism Court, a temporary order for police custody not exceeding
twenty-four hours may be obtained from the nearest magistrate for the purpose of
producing the accused before the Anti Terrorism Court within that period.
(5) Where, in a case triable by an Anti terrorism Court, an accused has been
released from police custody under section 169 of the Code, or has been remanded
to judicial custody, the Anti Terrorism Court may, on good grounds being shown by a
Public prosecutor or a law officer of the Government for reasons to be recorded in
writing, make an order for placing him in police custody for the purpose of further
investigation in the case.
(6) An Anti Terrorism Court shall be deemed to be a Magistrate for purpose of subsections
(4) and (5).
(7) The Anti Terrorism Court shall on taking cognizance of the case, proceed with the
trial from day to day and shall decide the case within seven working days.
(8) An Anti Terrorism Court shall not, adjourn any trial for any purpose unless such
adjournment is, in its opinion, necessary in the interest of justice and no
adjournment shall, in any case, be granted for more than two working days.
(9) An Anti Terrorism Court shall not, merely by reason of a change is its
composition or transfer of a case under sub-section (3) of section 12, be bound to
recall and re-hear any witness who has given evidence and ma act on the evidence
already recorded.
(10) Any accused person may be tried in his absence if the Anti-terrorism court,
after such inquiry as it deems fit, is satisfied that such absence is deliberate and
brought about with a view to impeding the course of justice:
Provided that the accused person shall not be tried under this Sub-section unless a
proclamation has been published in respect of him in at least three national daily
newspapers out of which one shall be in the Urdu language requiring him to appear
at a specified place within seven days failing which action may also be taken against
him under section 88 of the Code:
Provided further that the court shall proceed with the trial after taking the
necessary step to appoint and advocate at the expense of the sate to defend the
accused person who is to before the Court.
Explanation.—An accused who is tried in this absence under this sub-section shall
be deemed not to have admitted the commission of any offence for which he has
been charged.
(11) The Advocate appointed under the second proviso to sub-section (10) shall be a
person selected by the Anti Terrorism Court for the purpose and he shall be engaged
at the expense of the Government.
(11A) Nothing contained in sub-section (10) or sub-section (11) shall be construed
to deny the accused the right to consult or be defended by a legal practitioner of his
own choice.
(12) If, within sixty days from the date of his conviction, any person tried under subsection
(10) appears voluntarily, or is apprehended and brought before the Anti
Terrorism court, and proves to its satisfaction that he did not abscond or conceal
himself for the purpose of avoiding the proceeding against him, the Ant Terrorism
court shall set aside his conviction and proceed to try him in accordance with law for
the offence with which he is charged.
Provided that the Anti Terrorism court may exercise its powers under this subsection
in a case in which a person as aforesaid appears before it after the expiration
of the said period and satisfies it that he Could not appear within the said period by
reason of circumstances beyond his control.
(13) Where a scheduled offence is punishable with imprisonment for a term not
exceeding three years, or with fine, or with both, an Anti Terrorism Court may,
notwithstanding anything contained in sub-section (1) of section 260 or section 262
of the Code, to the offence in a summary way in accordance with the procedure
prescribed in the Code and the provisions of sections 263 to 265 of the Code shall,
so far as may be, apply to such trial:
Provided that, in the case of a conviction in a summary trial under this section, it
shall be lawful for an Anti Terrorism Court to pass a sentence of rigorous
imprisonment for a term not exceeding two years:
Provided further that an Anti Terrorism Court shall not try in a summary way any
case which was pending in any Court immediately before the commencement of this
Act, and is transferred to the Anti Terrorism Court under section 12.
(14) Subject to the other provision of the Act, a Anti-Terrorism Court Shall, for the
purpose of trial of any offence, have all the powers of a Court of Sessions and shall
try such offence as if it were a Court of Sessions as far as may be in accordance with
the procedure prescribed in the Code for trial before a Court of Sessions.
20. Punishment
A person convicted for an offence by the Anti-Terrorism Court shall be awarded the
maximum punishment prescribed by law for the offence unless for reasons to be
recorded the court decides to award a lesser punishment.
21. Protection of witnesses.
(1) An Anti Terrorism Court trying an offence under this Act may, on application by a
witness in any proceedings before it or by the public prosecutor in relation to such
witness or on its own motion, give such directions as it deems fit for the protection of
the witness.
(2) Any person who fails to comply with any direction issued under sub-section (1) or
any person who threatens or otherwise causes harassment to any such witness shall
be guilty of an offence punishable by way of summary procedure with imprisonment
which may extend to two years, or with fine, or with both.
22. Manner a place of execution of sentence.
The Government may specify the manner, mode and place of execution of any
sentence passed under this Act, having regard to the deterrent effect which such
execution is likely to have.
23. Power to transfer cases to regular Courts.
Where, after taking cognizance of an offence, an Anti Terrorism Court is of opinion
that the offence is not a scheduled offence, it shall, notwithstanding that it has no
jurisdiction to try such offence, transfer the case for trial of such offence to any court
having jurisdiction under the Code, and the Court to which the case is transferred
may proceed with the trial of the offence as if it had taken cognizance of the offence.
24. Omitted
Section 24 Omitted
25. Appeal
(1) An appeal against the final judgment of an Anti Terrorism Court shall lie to an
High Court.
(2) Copies of the judgment of an Anti Terrorism Court shall be supplied to the
accused and the Public prosecutor free of cost on the day the judgment is
pronounced and the record of the Trial shall be transmitted to the High Court within
three days of the decision.
(3) An appeal under sub-section (1) may be preferred by a person sentenced by an
Anti Terrorism Court to an High Court within seven days of the passing of the
sentence.
(4) The Attorney General "Deputy Attorney General, Standing Council or an Advocate
General or an Advocate of the high court or the supreme court of Pakistan appointed
as public Prosecutor Additional Public Prosecutor or a Special Public Prosecutor may,
on being directed by the Federal or a Provincial government, file an appeal against
an order of acquittal or a sentence passed by an Anti Terrorism Court within fifteen
days of such order.
(5) An appeal under this section shall be heard and decided by an High Court within
seven working days.
26. Omitted
.
27. Punishment for defective investigation.
If an Anti Terrorism Court or an High Court comes to the conclusion during the curse
of or at the conclusion of the trail that the investigating officer, or other concerned
officers have failed to carry out the investigation property or diligently or have failed
to pursue the case property and in breach of their duties, it shall be lawful for such
court or, as the case may be, and High Court to punish the delinquent officers with
imprisonment which may extend to two years, or with fine or with both by resort to
summary proceedings.
28. Transfer of Cases.—
(1) Notwithstanding anything contained in this Act, an High court may, if it considers
it expedient so to do in the interest of justice, or where the convenience or safety of
the witnesses or the safety of the accused so requires transfer any case from one an
Anti Terrorism Court to another Anti Terrorism Court within or outside the area.
(2) An Anti Terrorism Court to which a case is transferred under sub-section (1) shall
proceed with the case from the stage at which it was pending immediately before
such transfer and it shall not be bound to recall and re-hear any witness who has
given evidence and may act on the evidence already recorded.
Provided that nothing-herein contained shall affect the powers of the presiding
officer of the Anti Terrorism Court to call any witness as is available under the law.
29. Trial before Anti-Terrorism Court to have precedence.—
A Tail under this Act of an offence by an Anti Terrorism Court, and the appearance of
an accused before it, shall have precedence over the trial of any other case against
the accused in any other Court, except the High Court on its original side.
30. Modified application of certain provisions of the code.—
(1) Notwithstanding anything contained in the Code or in any other law, every
scheduled offence shall be deemed to be a cognizable offence within the meaning of
clause (f) of section 4 of the Code and the words "cognizable case" as defined in that
clause shall be construed accordingly.
(2) Sections 374 to 379 of the Code shall apply in relation to a case involving a
scheduled offence subject to the modification that the references to a "Court of
Sessions" and "High Court", wherever occurring therein, shall be construed as
reference to an "Anti Terrorism Court" and an High Court.
(3) Notwithstanding the provisions of sections 439, 491, 496, 498, 498A and 561A of
the Code, no Court other than an Anti Terrorism Court shall have the power or
jurisdiction to grant bail to, or otherwise release an accused person in a case triable
by an Anti Terrorism Court.
(4) An Anti Terrorism Court shall not release an accused person on bail if there are
reasonable grounds for believing that he has been guilty of the offence with which he
has been charged, and nor shall an accused person be released unless the
prosecution has been given notice to show cause why he should not be so released
and the accused has furnished sound sureties.
31. Finality of judgment
A judgment or order passed, or sentence awarded, by an Anti Terrorism Court,
subject to he result of an appeal under this Act shall be final and shall not be called
in question in any Court.
32. Overriding effect of Act.
(1) The provisions of this Act shall have effect notwithstanding anything contained in
the Code or any other law but, save as expressly provided in this Act, the Provisions
of the Code shall, in so far as they are not inconsistent with the provisions of this
Act, apply to the proceedings before an Anti Terrorism Court, and for the purpose of
the said provisions of the Code, and anti Terrorism Court shall be deemed to be a
Court of Sessions.
(2) In particular and without prejudice to the generality of the provisions contained
in sub-section (1), the provision of section 350 of the Code shall, as far as may be,
apply to the proceedings before an Anti Terrorism Court, an for this purpose any
reference in those provisions to a Magistrate shall be construed as a reference to an
Anti Terrorism Court.
33. Delegation
The Government may, by notification, delegate, subject to such conditions as may be
specified therein, all or any of the powers exercisable by it under this Act.
34. Power to amend the Schedule
The Government may, by notification, amend the Schedule so as to add any entry
thereto or modify or omit any entry therein.
35. Power to make rules
The Government may, by notification, makes such rules, if any, as it may deem
necessary for carrying out the purposes of this Act.
36. Saving
Nothing contained in this Act shall affect the jurisdiction exercisable by, or the
procedure applicable to, any Court or other authority under any law relating to the
naval, Military or Air Forces or any other armed force of the Government.
(2) For the removal of any doubt, it is hereby declared that, for the purpose of any
such law as is referred to in sub-section (1), an Anti Terrorism Court shall be deemed
to be a Court of ordinary criminal jurisdication.
37. Contempt of Court
An anti-terrorism court shall have the power to punish with imprisonment for a term
which may extend to six months and with fine any person who.
(a) abuses, interferes with or obstructs the process of
the Court in any way or disobeys any order or direction
of the Court;
(b) scandalizes the court otherwise does anything which
tends to bring the court or a person constituting the
court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the
determination of a matter pending or most likely to
come up before the Court; or
(d) does anything which, by any other law, constitutes
contempt of court.
Explanation.- In This section "Court" means an antiterrorism
Court.
38. Punishment for terrorist act committed before this Act
Where a person has committed an offence before the commencement of this Act
which if committed after the date on which this Act comes into force would constitute
a terrorist act hereunder he shall be tried under this Act but shall be liable to
punishment as authorised by law at the time the offence was committed.
39. Indemnity
No suit, prosecution or other legal proceedings shall lie against any person in respect
of anything which is in good faith done or intended to be done under this Act.
39A. Repeal.
(1) The Pakistan Armed Forces (Acting in Aid of the Civil Power) ordinance, 1998 (XII
of 1998), as amended by the Pakistan Armed Forces (Acting in Aid of the Civil
power) (Amendment) Ordinance, 1998 (XIII of 1998), and the Pakistan Armed Force
(Acting in Aid of the Civil Power) (Second Amendment) Ordinance, 1998 (XVII of
1997) (hereinafter referred to as the repealed Ordinance), is hereby repealed.
(2) All cases, including cases before a court of appeals, which were pending under
the repealed Ordinance shall stand transferred to the Anti-terrorism court having
jurisdiction under the Act and such court shall,
(a) in cases which have been transferred from a trial
court, continue the trial from the stage which the cases
had reached; and
(b) in cases which have been transferred from a Court of
appeals decide the same on the basis of evidence earlier
recorded after hearing the parties.
(3) Any judgement given or sentence passed by a trial court or a court of appeals
convened under section 3 of the repealed Ordinance, except cases in which sentence
of death was passed and has been executed, shall have not effect and all such cases
shall stand transferred to the Anti-terrorism court having jurisdiction under this Act
for decision after hearing the parities on the basis of the evidence earlier recorded.
(4) In respect of a case transferred to a court by virtue of sub-section (2) or subsection
(3), the court shall not, by reason of the said transfer, be bound to recall and
rehear an witness who has given evidence before the transfer and may act on the
evidence already recorded by or produced before the court from which the case is so
transferred.
(5) Nothing contained in sub-section (4) shall affect the power of the court to recall
any witness or rehear any evidence as is available under the law.
40. Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908)
In the Criminal Law Amendment Act, 1908 (XIV of 1908), the following amendments
shall be made, namely:-
(I) In section 15 in clause (2) in sub-clause (a) for the
words "violence or intimidation" the words "terrorism,
stirring up sectarianism, violence or intimidation which
endanger or threaten public order" shall be substituted.
(II) For Section 16, the following shall be substituted
namely:-
"16. Declaration of an association to be unlawful.—(1) If either
the Federal Government or the provincial Government is of the opinion
that an association is an unlawful association it may call upon the
association to show cause with fourteen days why it should not be
declared as unlawful association for the purpose of this Act.
(2) If after hearing the association, the Federal Government or the
Provincial Government is of the opinion that the associations an
unlawful association it may declare such association to be an unlawful
association.
(3) If the Federal Government or the Provincial Government is of the
opinion that in a interest of the maintenance of public order or to
prevent injury to the people it is just and necessary to take immediate
action, it may, pending passing of order under sub-section (2), by an
ad interim order, declare an association to be unlawful.
(4) An association aggrieved by an order under sub-section (2) may
file an appeal before a Board appointed by the Chief justice of the High
Court of the province consisting of a Chairman and two other persons
each of whom is or has been judge of a High Court.
(5) The Board shall decide the appeal within thirty days and may pass
such order as it may deem fit.
(III) In section 17:--
(i) in sub-section (1) for the words "six
months" the words "five years" shall be
substituted; and
(ii) In sub-section (2) for the words "three
years" the words "seven years" shall be
substituted.
(IV) In sections 17A, 17D and 17E, for the words "provincial Government" wherever
occurring the words "Federal Government or the provincial Government" shall be
substituted.
Schedule
SCHEDULE
[See Section 2 (e)]
1.Any offence punishable under this Act.
2.Any offence punishable under any of the following sections of the Pakistan penal
Code (Act XLV of 1860), namely:--
(a)section 302.-
(i) if committed with a cannon, grenade, bomb or
rocket; or
(ii) if the victim is a member of police,
armed forces or civil armed forces or is a
public servant; or
(iii) if committed during or while
committing the offence of robbery or
dacoity and committed after the
commencement of this Act; or
(b)sections 109. 120A, 120B, 121, 121A, 122, 123,
295A, 365, 365A, 402A, 402B and 402C; and
(c) section 392 to 395, 397 or 398, if in committing the
offence, the offender or any of the offenders commits
the offence fo murder or zina-bil-jabr punishable under
section 6, 7, 8, or 10 or the Offence of Zina
(Enforcement of Hudood) ordinance, 1979 (VII of 1979)
and committed after the commencement of this Act.
2-A. Any offence punishable under sections 6, 7,8 or 10 of the offence of Zina
(Enforcement of Hudood) ordinance, 1979 (VII of 1979), if committed in committing
any of the offences punishable under sections 392 to 398 of the Pakistan Penal Code
(Act XLV of 1860) and committed after the commencement of this Act.
3. An offence punishable under sub-section (4) of section 10 of the Offence of Zina
(Enforcement of Hudood) Ordinance, 1979 (Ordi. No. VI of 1979), if committed after
the enforcement of this Act.
4. Any attempt or conspiracy to commit or any abetment of any of the aforesaid
offences.
5. Any offence including an offence punishable under the
Pakistan Arms Ordinance, 1965 (WP Ordi. XX of 1965),
committed conjointly with any other offence punishable under
this Act.
ACT NO. XXVII OF 1997
[Dated 20th August, 1997]
An Act to provide for the prevention of terrorism,
sectarian violence and for speedy trial of heinous offences;
The following Act of Majlis-e-Shoora (Parliament) received the assent of the
president on the 16th August, 1997, is hereby published for general information:--
WHEREAS It is expedient to provide for the prevention of terrorism, sectarian
violence and for speedy trial of heinous offences and for matters connected therewith
and incidental thereto;
It is hereby enacted as follows:-
1. Short title and commencement
(1) This Act may called the Anti-Terrorism Act, 1997.
(2)it extends to the whole of Pakistan.
(3) It shall come into force at once.
Punjab Province.
For the purposes of the prevention and punishment of the commission of terrorist
acts and scheduled offences to have resort to the provisions of the said act for the
whole of the province of Punjab.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context,---
(a)"armed forces" means the Military, Naval an Air
Forces of Pakistan and the Reserves of such Forces;
(b)"Civil armed forces" means the Frontier
Constabulary, Frontier Corps, notified by the Federal
Government as such;
(c)"Code" means the Code of Criminal Procedure, 1898
(Act v of 1898);
(d)"Government" means the Federal Government;
(d- a) "a High Court" means the High Court having
territorial jurisdiction in respect of the area for which an
anti-terrorism court ahs been established;
(e)"Scheduled offence" means an terrorist or sectarian
related offence as set out in this Act or the Schedule
hereto.
(f)"Sectarian hatred" means hatred against a group of
persons in Pakistan defined by reference to religion
religious sect, religious persuasion, or regional belief;
(g)"Anti Terrorism Court" means an anti terrorism
court constituted under section 13; and
(h) "terrorist act" has the meaning assigned to it in
section 6.
3. Declaration of Intent
If, at any time, in the opinion of the Federal Government, the commission of terrorist
acts and scheduled offences have become common place in Pakistan it may, by
notification in the official Gazette, declare resort to the Provisions of this Act and
thereupon the powers conferred hereunder shall be available for use in accordance
herewith.
4. Calling in of armed forces and civil armed forces in aid of civil powers
(1) It shall be lawful for the Federal Government to order, and subject to sub-section
(2), for the provincial Government to secure, the presence of armed forces and civil
armed forces in any area for the prevention and punishment of terrorist acts and
scheduled offences in accordance with the provisions of this Act.
(2) If, in the opinion of the provincial Government, the presence of armed forces, or
civil armed forces, is necessary in order to prevent the commission of Government to
direct the presence or posting of units or personnel of the armed forces, or civil
armed forces, in such numbers as may be deemed necessary for the Prevention or
control of terrorist acts or scheduled offences.
(3) The Federal Government may decide whether the requirements of the situation
call for the deployment of:--
(a)the civil armed forces; or
(ii) the armed forces,
and on so deciding shall, by means to a notification in the official Gazette issued
under clause (i) or (ii) or both, authorise and direct the posting thereof.
5. Use of armed forces and civil armed forces to prevent terrorism.
(1) Any police officer, or member of the armed forces, or civil armed forces, who is
present or deployed in any area may, after giving sufficient warning, use the
necessary force to prevent the commission of terrorist acts or scheduled offences,
and in so doing shall, in the case of an officer of the armed forces or civil armed
forces, exercise all the powers of a police officer under the code.
(2) In particular and without prejudice to the generality of the provisions of subsection
(1), an officer of the police, armed forces and civil armed forces may:-
(i) after giving prior warning use such force as may be
deemed necessary or appropriate, bearing in mind all
the facts and circumstances of the situation, against any
person who is committing a terrorist act or a scheduled
offence, and it shall be lawful for any such officer, or any
superior officer, to fire, or order the firing upon any
person or persons against whom he is authorized to use
force in terms hereof;
(ii)arrest, without warrant, any person who has
committed an act of terrorism or a scheduled offence or
against whom a reasonable suspicion exists that he has
committed, or is about to commit, an such act or
offence; and
(iii)enter and search, without warrant any premises to
make any arrest or to take possession of any property,
fire-arm, weapon or article used, or likely to be used, in
the commission of any terrorist act or scheduled offence.
(3) Nothing contained in sub-section (1) or (2) shall affect the provisions of Chapter
IX of the Code and the Provisions of section 132 of the Code shall apply to any
person acting under this section.
6. Terrorist Act
A person in said to commit a terrorist act if he,--
(a)in order to, or if the effect of his actions will be to,
strike terror or create a sense of fear and insecurity in
the people, or any section of the people, does any act or
thing by using bombs, dynamite or other explosive or
inflammable substances, or such fire-arms or other
lethal weapons as may be notified, or poisons or noxious
gases or chemicals, in such a manner as to cause, or be
likely to cause, the death of, or injury to, any person or
persons, or damage to, or destruction of, property on a
large scale, or a widespread disruption of supplies of
services essential to the life of the community, or
threatens, with the use of force public servants in order
to prevent them from discharging their lawful duties; or
(b)Commits a scheduled offence, the effect of which will
be, or be likely to be, to strike terror, or create a sense
of fear and insecurity in the people, or any section of the
people, or to adversely affect harmony among different
sections of the people; or
(c)Commits an act of gang rape, child molestation, or
robbery coupled with rape as specified in the Schedule
to this Act; or
(d) Commits an act of civil commotion as specified in
section 7A.
7. Punishment for terrorist act.
Whoever commits a terrorist act,--
(i) referred to in paragraph (a) of section 6, shall--
(a)if such act has resulted in the death of
any person be punished with death; and
(b)in any other case, be punishable with
imprisonment for a term which shall not
be less than seven years but may extend
to life imprisonment, and shall also be
liable to fine; and
(ii) referred to in paragraphs (b) and (c) of section 6 be
liable to the punishment prescribed under the relevant
law.
7A. Creation of civil commotion.
"Civil commotion" means creation of internal disturbances in violation of law or
intended o violate law, commencement or continuation o illegal strikes, go-slows,
lock-outs, vehicles snatching or lifting, damage to or destruction of state or private
property, random firing to create panic, charging bhatha, acts of criminal trespass
(illegal qabaz), distributing, publishing or pasting of a handbill or making graffiti or
wall-chalking intended to create unrest or fear or create a threat to the security of
law and order to incite the commission of an offence punishable under Chapter VI of
the Pakistan Penal Code (Act XLV of 1860).
7B. Punishment for creating civil commotion.—
Whoever commits and act of civil commotion shall be punished with rigorous
imprisonment for a term which may extend to seven years, or with fine, or with
both.
8. Prohibition of acts intended or likely to stir up sectarian hatred.
A person who.---
(a)uses threatening, abusive or insulting words or
behaviour; or
(b)displays, publishes or distribute any written material
which is threatening, abusive or insulting; or
(c)distributes or shows or plays a recording of visual
images or sounds which are threatening, abusive or
insulting; or
(d)has in his possession written material or a recording
or visual images or sounds which are threatening,
abusive or insulting with a view to their being displayed
or published by himself or another,
shall be guilty of an offence if :--
(i) he intends thereby to stir up sectarian hatred; or
(ii) having regard to all the circumstances, sectarian
hatred is likely to be stirred up thereby.
9. Punishment for offence under section 8.
Whoever contravenes any provision of section 8 shall be punished with rigorous
imprisonment for a term which may extend to seven years, or with fine, or with
both.
10. Power to enter or search.
if any officer of the police, armed forces or civil armed forces is satisfied that there
are reasonable grounds for suspecting that a person has possession of written
material or a recording in contravention of section 8 he may enter and search the
premises where it is suspected the material or recording is situated and take
possession of the same:
Provided that the concerned officer shall first record in writing his reasons for such
belief and serve a copy thereof either on the person or on the premises.
11. Power to order forfeiture.
(1) An Anti Terrorism Court by which a person is convicted of an offence under
section 9 shall order to be forfeited any material or recording referred to therein.
(2) Where the person who collected the material or recording cannot be found or
identified the Anti Terrorism Court on the application of the official seizing the
material or recording shall forfeit the material or recording to the State to be
disposed of as directed by it.
12. Jurisdiction of Anti Terrorism Court
(1) Notwithstanding anything contained in the Code or in any other law, a scheduled
offence committed in a area in a Province shall be triable only by the Anti Terrorism
Court exercising territorial jurisdiction in relation to such area.
(2) Notwithstanding anything contained in sub-section (1), if, in respect of a case
involving a scheduled offence committed in any area, the Government, having regard
to the facts and circumstances of the case, in satisfied that in order to ensure a fair
trial, or for the protection and safety of witnesses, that such offence should be tried
by an Anti Terrorism court established in relation to any other area, the Government
may make a declaration to that effect.
Explanation.--- Where an Anti Terrorism Court is established in relation to two or
more areas, such an Anti Terrorism Court shall be deemed, for the purpose of this
sub-section, to have been established in relation to each of such areas.
(3) Where a declaration is made in respect of an offence committed in an area in a
Province, any prosecution in respect of such offence shall be instituted only in the
Anti Terrorism Court established in relation ito such area, and, if any prosecution in
respect of such offence is pending immediately before such declaration in any other
court, the same shall stand transferred to such an Anti Terrorism Court and such an
Anti Terrorism Court shall proceed with such case from the stage at which it was
pending at that time without the necessity of recalling any witnesses.
13. Establishment of the Anti Terrorism Courts
(1) For the purpose of providing for the speedy trial of the case referred to in subsection
(2) and sub-section (3) of section 39A, as well as of scheduled offences, the
Federal Government, or if so directed by the Government, the Provincial Government
may establish by notification one or more the anti-terrorism courts in relation to
each area.
(2) Notwithstanding anything contained in sub-section (1), if, having regard to the
exigencies of the situation prevailing in a province, the Government is of the opinion
that it is expedient to establish in relation to an area, or it relation to two or more
areas, in the province, an anti-terrorism court outside the said area or areas, for the
trial of offences committed in the area, or areas, if may, by notification, establish in
relation to such area or areas an anti-terrorism court at such place outside the said
area, or areas as may be specified in the notification.
(3) Where more the anti-terrorism courts than one have been established in any
area, the government in consultation with the Chief justice of the High court shall
designate a judge of any such court to be an administrative judge and all cases
triable under this Act pertaining to the said area shall be filed before the said court
and such judge may either try the cases himself or, assign any case, or case, for trial
to any other anti-terrorism court at any time prior to the framing of the charge. The
case shall be assigned to a curt one case at a time:
Provided that in order to ensure that the time of the court is not wasted if for some
reason a given case cannot proceed than one case can be assigned to it at any time
or from time to time.
"(4) Notwithstanding anything contained in subsection (2) and subsection (3), the
Federal Government or if so directed by the Government, the Provincial Government
shall in addition to the existing Special Courts or such other Special Courts as may
be established in the area, establish one such additional Special Court under this Act
at the principal seat of the Lahore High Court and the High Court of Sindh and
appoint a Judge of such High Court as a Judge of Special Court ion consultation with
the Chief Justice of the High Court concerned, and where a Judge of a High Court is
appointed as a Judge for any area under this act he shall be the administrative Judge
for that area and such administrative Judge may, in addition to the powers
exercisable under this Act, either suo motu or on the application of any party, at any
stage of the proceedings whether before or after the framing of charge, for sufficient
cause including as mentioned in subsection (!) of section 28, transfer, withdraw or
recall any case pending before any other Special Court in that area and may either
try the case himself or make it over for trial to any other Special Court in that area.
(5) The Special Court to which a case is transferred or recalled for trial under
subsection (4), shall proceed with the case from the stage at which it was pending
immediately before such transfer or recall and it shall not be bound to recall or
rehear any witness who has given evidence and may act on the evidence already
recorded."
14. Composition and appointment of presiding officers of the Anti Terrorism
Court
(1) An Anti Terrorism Court shall consist of a judge, being a person who:-
(i) "is a judge of a high court, or is" or has been a
Sessions judge or an Additional Sessions judge; or
(ii) has exercised the powers of a District Magistrate or
an Additional District Magistrate and has successfully
completed an advance course in Shariah, (Islamic Law)
conducted by the International Islamic University
Islamabad; or
(ii)has for a period of not less than ten years been an
advocate of a High Court.
(2) A judge shall be appointed for a period of two and a half years after consultation
with the Chief justice of the High Court:
Provided that the judge may be removed from office prior to the expiry of the said
period in consultation with the Chief Justice.
15. Place of sitting
(1) Subject to sub-sections (2) and (3), an Anti Terrorism Court shall ordinarily sit at
such place or places as the Government may, by order, specify in that behalf.
(2) The Government may direct that for the trial of a particular case the court shall
sit at such place including the place of occurrence of an offence as it may specify.
(3) Except in a case where a place of sitting has been specified under sub-section
(2), an Anti Terrorism Court may, if it considers it expedient or desirable so to do
either suo motu or on the application of the Public prosecutor sit, for holding the trial
of a case at any place including a mosque other than the ordinary place of its sitting.
16. Oath by the Anti Terrorism Courts
A judge of an Anti Terrorism Court shall, at the commencement of a proceeding
under this Act, make oath, in the case of a Muslim, on the Holy Quran, to the effect
that he shall decide the case honestly, faithfully and considering himself accountable
to Almighty Allah, and in case of a non-Muslim in accordance with the Constitution,
law and his conscience.
17. Powers of the Anti Terrorism Courts with respect to other offences.—
When trying any scheduled offence, an Anti Terrorism Court may also try any offence
other than the scheduled offence with which the accused may, under the Code, be
charged at the same trial.
18. Public Prosecutors
(1) The Government shall appoint in relation to each an Anti Terrorism Court,or a
High Court or Supreme court of Pakistan a Public Prosecutor and may also appoint
one or more Additional Public Prosecutors:
Provided that the Government may also appoint, to any case or class of cases a
Special Public prosecutor.
(2) Every person appointed as a public Prosecutor or an Additional Public Prosecutor
or a Special Public Prosecutor shall be deemed to be a Public Prosecutor within the
meaning of section 492 of the Code, and the Provisions of the Code shall have effect
accordingly.
19. Procedure and powers of the Anti Terrorism Court.
(1) the officer-in-charge of a police-station shall complete the investigation in
respect of a case triable by an Anti Terrorism Court within seven working days and
forward directly to the Anti Terrorism Court a report under section 173 of the Code:
Provided that the Anti Terrorism Court may extend the time within which such
report is to be forwarded in a case where good reasons are shown for not being able
to do so within the time specified in this sub-section.
(2) Any default on the part of an officer-in-charge of a police station, an investigating
officer or any other person required by law to perform any functions in connection
with the investigation, that results in, or has the effect of, delaying investigation or
submission of the report under sub-section (1), shall be deemed to be a willful
disobedience of the order of the Anti Terrorism Court and the person committing the
default shall be liable to be punished for contempt of court.
(3) The Anti terrorism Court may directly take cognizance of a case triable by such
court without the case being sent to it under section 190 of the Code.
(4) In a case triable by an Anti Terrorism Court, orders for detention of an accused in
police custody under section 167 of the Code shall be obtained from the Anti
Terrorism Court concerned which shall record reasons for authorizing or refusing
such detention:
Provided that, where an accused cannot within twenty-four house be produced
before an Anti Terrorism Court, a temporary order for police custody not exceeding
twenty-four hours may be obtained from the nearest magistrate for the purpose of
producing the accused before the Anti Terrorism Court within that period.
(5) Where, in a case triable by an Anti terrorism Court, an accused has been
released from police custody under section 169 of the Code, or has been remanded
to judicial custody, the Anti Terrorism Court may, on good grounds being shown by a
Public prosecutor or a law officer of the Government for reasons to be recorded in
writing, make an order for placing him in police custody for the purpose of further
investigation in the case.
(6) An Anti Terrorism Court shall be deemed to be a Magistrate for purpose of subsections
(4) and (5).
(7) The Anti Terrorism Court shall on taking cognizance of the case, proceed with the
trial from day to day and shall decide the case within seven working days.
(8) An Anti Terrorism Court shall not, adjourn any trial for any purpose unless such
adjournment is, in its opinion, necessary in the interest of justice and no
adjournment shall, in any case, be granted for more than two working days.
(9) An Anti Terrorism Court shall not, merely by reason of a change is its
composition or transfer of a case under sub-section (3) of section 12, be bound to
recall and re-hear any witness who has given evidence and ma act on the evidence
already recorded.
(10) Any accused person may be tried in his absence if the Anti-terrorism court,
after such inquiry as it deems fit, is satisfied that such absence is deliberate and
brought about with a view to impeding the course of justice:
Provided that the accused person shall not be tried under this Sub-section unless a
proclamation has been published in respect of him in at least three national daily
newspapers out of which one shall be in the Urdu language requiring him to appear
at a specified place within seven days failing which action may also be taken against
him under section 88 of the Code:
Provided further that the court shall proceed with the trial after taking the
necessary step to appoint and advocate at the expense of the sate to defend the
accused person who is to before the Court.
Explanation.—An accused who is tried in this absence under this sub-section shall
be deemed not to have admitted the commission of any offence for which he has
been charged.
(11) The Advocate appointed under the second proviso to sub-section (10) shall be a
person selected by the Anti Terrorism Court for the purpose and he shall be engaged
at the expense of the Government.
(11A) Nothing contained in sub-section (10) or sub-section (11) shall be construed
to deny the accused the right to consult or be defended by a legal practitioner of his
own choice.
(12) If, within sixty days from the date of his conviction, any person tried under subsection
(10) appears voluntarily, or is apprehended and brought before the Anti
Terrorism court, and proves to its satisfaction that he did not abscond or conceal
himself for the purpose of avoiding the proceeding against him, the Ant Terrorism
court shall set aside his conviction and proceed to try him in accordance with law for
the offence with which he is charged.
Provided that the Anti Terrorism court may exercise its powers under this subsection
in a case in which a person as aforesaid appears before it after the expiration
of the said period and satisfies it that he Could not appear within the said period by
reason of circumstances beyond his control.
(13) Where a scheduled offence is punishable with imprisonment for a term not
exceeding three years, or with fine, or with both, an Anti Terrorism Court may,
notwithstanding anything contained in sub-section (1) of section 260 or section 262
of the Code, to the offence in a summary way in accordance with the procedure
prescribed in the Code and the provisions of sections 263 to 265 of the Code shall,
so far as may be, apply to such trial:
Provided that, in the case of a conviction in a summary trial under this section, it
shall be lawful for an Anti Terrorism Court to pass a sentence of rigorous
imprisonment for a term not exceeding two years:
Provided further that an Anti Terrorism Court shall not try in a summary way any
case which was pending in any Court immediately before the commencement of this
Act, and is transferred to the Anti Terrorism Court under section 12.
(14) Subject to the other provision of the Act, a Anti-Terrorism Court Shall, for the
purpose of trial of any offence, have all the powers of a Court of Sessions and shall
try such offence as if it were a Court of Sessions as far as may be in accordance with
the procedure prescribed in the Code for trial before a Court of Sessions.
20. Punishment
A person convicted for an offence by the Anti-Terrorism Court shall be awarded the
maximum punishment prescribed by law for the offence unless for reasons to be
recorded the court decides to award a lesser punishment.
21. Protection of witnesses.
(1) An Anti Terrorism Court trying an offence under this Act may, on application by a
witness in any proceedings before it or by the public prosecutor in relation to such
witness or on its own motion, give such directions as it deems fit for the protection of
the witness.
(2) Any person who fails to comply with any direction issued under sub-section (1) or
any person who threatens or otherwise causes harassment to any such witness shall
be guilty of an offence punishable by way of summary procedure with imprisonment
which may extend to two years, or with fine, or with both.
22. Manner a place of execution of sentence.
The Government may specify the manner, mode and place of execution of any
sentence passed under this Act, having regard to the deterrent effect which such
execution is likely to have.
23. Power to transfer cases to regular Courts.
Where, after taking cognizance of an offence, an Anti Terrorism Court is of opinion
that the offence is not a scheduled offence, it shall, notwithstanding that it has no
jurisdiction to try such offence, transfer the case for trial of such offence to any court
having jurisdiction under the Code, and the Court to which the case is transferred
may proceed with the trial of the offence as if it had taken cognizance of the offence.
24. Omitted
Section 24 Omitted
25. Appeal
(1) An appeal against the final judgment of an Anti Terrorism Court shall lie to an
High Court.
(2) Copies of the judgment of an Anti Terrorism Court shall be supplied to the
accused and the Public prosecutor free of cost on the day the judgment is
pronounced and the record of the Trial shall be transmitted to the High Court within
three days of the decision.
(3) An appeal under sub-section (1) may be preferred by a person sentenced by an
Anti Terrorism Court to an High Court within seven days of the passing of the
sentence.
(4) The Attorney General "Deputy Attorney General, Standing Council or an Advocate
General or an Advocate of the high court or the supreme court of Pakistan appointed
as public Prosecutor Additional Public Prosecutor or a Special Public Prosecutor may,
on being directed by the Federal or a Provincial government, file an appeal against
an order of acquittal or a sentence passed by an Anti Terrorism Court within fifteen
days of such order.
(5) An appeal under this section shall be heard and decided by an High Court within
seven working days.
26. Omitted
.
27. Punishment for defective investigation.
If an Anti Terrorism Court or an High Court comes to the conclusion during the curse
of or at the conclusion of the trail that the investigating officer, or other concerned
officers have failed to carry out the investigation property or diligently or have failed
to pursue the case property and in breach of their duties, it shall be lawful for such
court or, as the case may be, and High Court to punish the delinquent officers with
imprisonment which may extend to two years, or with fine or with both by resort to
summary proceedings.
28. Transfer of Cases.—
(1) Notwithstanding anything contained in this Act, an High court may, if it considers
it expedient so to do in the interest of justice, or where the convenience or safety of
the witnesses or the safety of the accused so requires transfer any case from one an
Anti Terrorism Court to another Anti Terrorism Court within or outside the area.
(2) An Anti Terrorism Court to which a case is transferred under sub-section (1) shall
proceed with the case from the stage at which it was pending immediately before
such transfer and it shall not be bound to recall and re-hear any witness who has
given evidence and may act on the evidence already recorded.
Provided that nothing-herein contained shall affect the powers of the presiding
officer of the Anti Terrorism Court to call any witness as is available under the law.
29. Trial before Anti-Terrorism Court to have precedence.—
A Tail under this Act of an offence by an Anti Terrorism Court, and the appearance of
an accused before it, shall have precedence over the trial of any other case against
the accused in any other Court, except the High Court on its original side.
30. Modified application of certain provisions of the code.—
(1) Notwithstanding anything contained in the Code or in any other law, every
scheduled offence shall be deemed to be a cognizable offence within the meaning of
clause (f) of section 4 of the Code and the words "cognizable case" as defined in that
clause shall be construed accordingly.
(2) Sections 374 to 379 of the Code shall apply in relation to a case involving a
scheduled offence subject to the modification that the references to a "Court of
Sessions" and "High Court", wherever occurring therein, shall be construed as
reference to an "Anti Terrorism Court" and an High Court.
(3) Notwithstanding the provisions of sections 439, 491, 496, 498, 498A and 561A of
the Code, no Court other than an Anti Terrorism Court shall have the power or
jurisdiction to grant bail to, or otherwise release an accused person in a case triable
by an Anti Terrorism Court.
(4) An Anti Terrorism Court shall not release an accused person on bail if there are
reasonable grounds for believing that he has been guilty of the offence with which he
has been charged, and nor shall an accused person be released unless the
prosecution has been given notice to show cause why he should not be so released
and the accused has furnished sound sureties.
31. Finality of judgment
A judgment or order passed, or sentence awarded, by an Anti Terrorism Court,
subject to he result of an appeal under this Act shall be final and shall not be called
in question in any Court.
32. Overriding effect of Act.
(1) The provisions of this Act shall have effect notwithstanding anything contained in
the Code or any other law but, save as expressly provided in this Act, the Provisions
of the Code shall, in so far as they are not inconsistent with the provisions of this
Act, apply to the proceedings before an Anti Terrorism Court, and for the purpose of
the said provisions of the Code, and anti Terrorism Court shall be deemed to be a
Court of Sessions.
(2) In particular and without prejudice to the generality of the provisions contained
in sub-section (1), the provision of section 350 of the Code shall, as far as may be,
apply to the proceedings before an Anti Terrorism Court, an for this purpose any
reference in those provisions to a Magistrate shall be construed as a reference to an
Anti Terrorism Court.
33. Delegation
The Government may, by notification, delegate, subject to such conditions as may be
specified therein, all or any of the powers exercisable by it under this Act.
34. Power to amend the Schedule
The Government may, by notification, amend the Schedule so as to add any entry
thereto or modify or omit any entry therein.
35. Power to make rules
The Government may, by notification, makes such rules, if any, as it may deem
necessary for carrying out the purposes of this Act.
36. Saving
Nothing contained in this Act shall affect the jurisdiction exercisable by, or the
procedure applicable to, any Court or other authority under any law relating to the
naval, Military or Air Forces or any other armed force of the Government.
(2) For the removal of any doubt, it is hereby declared that, for the purpose of any
such law as is referred to in sub-section (1), an Anti Terrorism Court shall be deemed
to be a Court of ordinary criminal jurisdication.
37. Contempt of Court
An anti-terrorism court shall have the power to punish with imprisonment for a term
which may extend to six months and with fine any person who.
(a) abuses, interferes with or obstructs the process of
the Court in any way or disobeys any order or direction
of the Court;
(b) scandalizes the court otherwise does anything which
tends to bring the court or a person constituting the
court into hatred, ridicule or contempt;
(c) does anything which tends to prejudice the
determination of a matter pending or most likely to
come up before the Court; or
(d) does anything which, by any other law, constitutes
contempt of court.
Explanation.- In This section "Court" means an antiterrorism
Court.
38. Punishment for terrorist act committed before this Act
Where a person has committed an offence before the commencement of this Act
which if committed after the date on which this Act comes into force would constitute
a terrorist act hereunder he shall be tried under this Act but shall be liable to
punishment as authorised by law at the time the offence was committed.
39. Indemnity
No suit, prosecution or other legal proceedings shall lie against any person in respect
of anything which is in good faith done or intended to be done under this Act.
39A. Repeal.
(1) The Pakistan Armed Forces (Acting in Aid of the Civil Power) ordinance, 1998 (XII
of 1998), as amended by the Pakistan Armed Forces (Acting in Aid of the Civil
power) (Amendment) Ordinance, 1998 (XIII of 1998), and the Pakistan Armed Force
(Acting in Aid of the Civil Power) (Second Amendment) Ordinance, 1998 (XVII of
1997) (hereinafter referred to as the repealed Ordinance), is hereby repealed.
(2) All cases, including cases before a court of appeals, which were pending under
the repealed Ordinance shall stand transferred to the Anti-terrorism court having
jurisdiction under the Act and such court shall,
(a) in cases which have been transferred from a trial
court, continue the trial from the stage which the cases
had reached; and
(b) in cases which have been transferred from a Court of
appeals decide the same on the basis of evidence earlier
recorded after hearing the parties.
(3) Any judgement given or sentence passed by a trial court or a court of appeals
convened under section 3 of the repealed Ordinance, except cases in which sentence
of death was passed and has been executed, shall have not effect and all such cases
shall stand transferred to the Anti-terrorism court having jurisdiction under this Act
for decision after hearing the parities on the basis of the evidence earlier recorded.
(4) In respect of a case transferred to a court by virtue of sub-section (2) or subsection
(3), the court shall not, by reason of the said transfer, be bound to recall and
rehear an witness who has given evidence before the transfer and may act on the
evidence already recorded by or produced before the court from which the case is so
transferred.
(5) Nothing contained in sub-section (4) shall affect the power of the court to recall
any witness or rehear any evidence as is available under the law.
40. Amendment of the Criminal Law Amendment Act, 1908 (XIV of 1908)
In the Criminal Law Amendment Act, 1908 (XIV of 1908), the following amendments
shall be made, namely:-
(I) In section 15 in clause (2) in sub-clause (a) for the
words "violence or intimidation" the words "terrorism,
stirring up sectarianism, violence or intimidation which
endanger or threaten public order" shall be substituted.
(II) For Section 16, the following shall be substituted
namely:-
"16. Declaration of an association to be unlawful.—(1) If either
the Federal Government or the provincial Government is of the opinion
that an association is an unlawful association it may call upon the
association to show cause with fourteen days why it should not be
declared as unlawful association for the purpose of this Act.
(2) If after hearing the association, the Federal Government or the
Provincial Government is of the opinion that the associations an
unlawful association it may declare such association to be an unlawful
association.
(3) If the Federal Government or the Provincial Government is of the
opinion that in a interest of the maintenance of public order or to
prevent injury to the people it is just and necessary to take immediate
action, it may, pending passing of order under sub-section (2), by an
ad interim order, declare an association to be unlawful.
(4) An association aggrieved by an order under sub-section (2) may
file an appeal before a Board appointed by the Chief justice of the High
Court of the province consisting of a Chairman and two other persons
each of whom is or has been judge of a High Court.
(5) The Board shall decide the appeal within thirty days and may pass
such order as it may deem fit.
(III) In section 17:--
(i) in sub-section (1) for the words "six
months" the words "five years" shall be
substituted; and
(ii) In sub-section (2) for the words "three
years" the words "seven years" shall be
substituted.
(IV) In sections 17A, 17D and 17E, for the words "provincial Government" wherever
occurring the words "Federal Government or the provincial Government" shall be
substituted.
Schedule
SCHEDULE
[See Section 2 (e)]
1.Any offence punishable under this Act.
2.Any offence punishable under any of the following sections of the Pakistan penal
Code (Act XLV of 1860), namely:--
(a)section 302.-
(i) if committed with a cannon, grenade, bomb or
rocket; or
(ii) if the victim is a member of police,
armed forces or civil armed forces or is a
public servant; or
(iii) if committed during or while
committing the offence of robbery or
dacoity and committed after the
commencement of this Act; or
(b)sections 109. 120A, 120B, 121, 121A, 122, 123,
295A, 365, 365A, 402A, 402B and 402C; and
(c) section 392 to 395, 397 or 398, if in committing the
offence, the offender or any of the offenders commits
the offence fo murder or zina-bil-jabr punishable under
section 6, 7, 8, or 10 or the Offence of Zina
(Enforcement of Hudood) ordinance, 1979 (VII of 1979)
and committed after the commencement of this Act.
2-A. Any offence punishable under sections 6, 7,8 or 10 of the offence of Zina
(Enforcement of Hudood) ordinance, 1979 (VII of 1979), if committed in committing
any of the offences punishable under sections 392 to 398 of the Pakistan Penal Code
(Act XLV of 1860) and committed after the commencement of this Act.
3. An offence punishable under sub-section (4) of section 10 of the Offence of Zina
(Enforcement of Hudood) Ordinance, 1979 (Ordi. No. VI of 1979), if committed after
the enforcement of this Act.
4. Any attempt or conspiracy to commit or any abetment of any of the aforesaid
offences.
5. Any offence including an offence punishable under the
Pakistan Arms Ordinance, 1965 (WP Ordi. XX of 1965),
committed conjointly with any other offence punishable under
this Act.
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