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ACT NO. XX OF 2013

ANTI-TERRORISM (SECOND AMENDMENT)

ACT, 2013

An Act further to amend the Anti-terrorism Act, 1997

[Gazette of Pakistan, Extraordinary, Part-I, 26th March, 2013]

No. F. 9(13)/2013-Legis.—The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 22nd March, 2013, is hereby published for general information:—

WHEREAS it is expedient further to amend Anti-terrorism Act, 1997 (XXVII of 1997) for the purposes hereinafter appearing;

It is hereby enacted as follows:—

1.  Short title and commencement.—(1) This Act may be called the Anti-terrorism (Second Amendment) Act, 2013.

(2)  It shall come into force at once.

2.  Amendment of Section 6, Act XXVII of 1997.—In the Anti-terrorism Act, 1997 (XXVII of 1997), hereinafter referred to as the said Act, in Section 6,—

(a)     in sub-section (1), in clause (c), after the word "cause", at the end, the words and comma "or intimidating and terrorizing the public, social sectors, media persons, business community or attacking the civilians, including damaging property by ransacking, looting, arson or by any other means, Government officials, installations, security forces or law enforcement agencies" shall be added and thereafter the following proviso shall be added, namely:—

          "Provided that nothing herein contained shall apply to a democratic and religious rally or a peaceful demonstration in accordance with law."; and

(b)     in sub-section (2),—

          (i)      in clause (c), after the word "property" the commas and the words ", including Government premises, official installations, schools, hospitals, offices or any other public or private property including damaging property by ransacking, looting or arson or by any other means" shall be added;

          (ii)     in clause (ee), after the word "blast" the words "or having any explosive substance without any lawful justification or having been unlawfully concerned with such explosive" shall be added;

          (iii)    for clause (g) the following shall be substituted, namely:—

                   "(g) involves taking the law in own hand, award of any punishment by an organization, individual or group whatsoever, not recognized by the law, with a view to coerce, intimidate or terrorize public, individuals, groups, communities, Government officials and institutions, including law enforcement agencies beyond the purview of the law of the land;"; and

          (iv)    in clause (m) the word "or", at the end, shall be omitted; and

          (v)     after clause (n), the following new clauses shall be added, namely:—

                   "(o) involves in acts as part of armed resistance by groups or individuals against law enforcement agencies; or

                   (p) involves in dissemination, preaching ideas, teachings and beliefs as per own interpretation on FM stations or through any other means of communication without explicit approval of the Government or its concerned departments.

3.       Amendment of Section 7, Act XXVII of 1997.–In the said Act,–

(i)      Section 7 shall be re-numbered as sub-section (1) of that section and in sub-section (1) re-numbered as aforesaid, in clause (e) and clause (f), the words "and shall also be liable to forfeiture of property" shall be omitted; and

(ii)     after sub-section (1) re-numbered and amended as aforesaid the following new sub-section shall be added, namely,—

          "(2) An accused, convicted of an offence under this Act shall be punishable with imprisonment of ten years or more, including the offences of kidnapping for ransom and hijacking shall also be liable to forfeiture of property.".

4.       Amendment of Section 11-B, Act XXVII of 1997.—In the said Act, in Section 11B, in sub-section (1), in clause (c), for the full stop, at the end, a colon shall be substituted and thereafter the following proviso shall be inserted, namely:

"Provided that if any or all office bearers, activists or associates of a proscribed organization form a new organization under a different name, upon suspicion about their involvement in similar activities, the said organization shall also be deemed to be a proscribed organization and the Government may issue a formal notification of its proscription.".

5.       Amendment of Section 11E, Act XXVII of 1997.—In the said Act, in Section 11-E, after sub-section (1), the following new sub-section shall be inserted, namely:—

"(1A) Upon proscription of an organization if the office bearers, activists, or the members or the associates of such organization are found continuing the activities of the proscribed organization, in addition to any other action under this Act or any other law for the time being in force to which they may be liable,—

(a)     they shall not be issued any passport or allowed to travel abroad;

(b)     no bank or financial institution or any other entity providing financial support shall provide any loan facility or financial support to such persons or issue the credit cards to such persons ; and

(c)     the arms licenses, if already issued, shall be deemed to have been cancelled and the arms shall be deposited forthwith in the nearest Police Station, failing which such arms shall be confiscated and the holders of such arms shall be liable for the punishment provided under the Pakistan Arms Ordinance, 1965 (WP-XX of 1965). No fresh license, to such persons for any kind of weapon, shall be issued".

6.  Insertion of new sections, Act XXVII of 1997.—In the said Act, after Section 11EEE, the following new sections shall be inserted, namely:—

"11EEEE. Preventive detention for inquiry.—(1) The Government may, for a period not exceeding thirty days and after recording reasons thereof, issue order for the preventive detention of any person who has been concerned in any offence under this Act relating to national security and sectarianism or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned, for purposes of inquiry:

          Provided that the Anti-terrorism Court may, for reasons to be recorded, grant extension in the period of detention for upto thirty days at a time, but the total period of detention shall not exceed ninety days.

(2) The inquiry under sub-section (1) may be conducted by a police officer not below the rank of Superintendent of Police or through a Joint Interrogation Team (JIT) to be notified by the Government comprising a police officer not below the rank of Superintendent of Police and officers of other investigation agencies and the powers of the inquiry officer will be vested as per Section 5 of the Federal Investigation Agency Act, 1974 (VIII of 1975).

(3) The detenue shall be produced in camera before the presiding officer of the court or in his absence before the District and Sessions Judge or the Magistrate appointed under the Shariah Nizam-e-Adl Regulation, 2009, within twenty-four hours of his detention, and before the presiding officer of the court if and when any extension in the period of detention is requested.

(4)     During inquiry the concerned police officer not below the rank of Superintendent of Police or equivalent officer of the law enforcement agencies or the members of Joint Interrogation Team (JIT) as the case may be, shall have all the powers relating to search, arrest of persons and seizure of property, and other relevant material connected with the commission of offence and shall have all the powers as a Police Officer has in relation to the investigation of offences under the Code or any other law for the time being in force:

          Provided that the detenue shall be kept in a detention centre so notified by the Government and the presiding officer of the court or the Magistrate, as the case any be referred in sub-section (3) shall have the authority to inspect the detention centers to ensure that the custody is in accordance with the law for the time being in force.

11EEEEE. Prohibition on disposal of property.—(1) If during the course of inquiry or investigation, the police officer not below the rank of Superintendent of Police or the Joint Investigation Team, as the case, may be has sufficient evidence to believe that any property which is subject matter of the inquiry or investigation is likely to be removed transferred or otherwise disposed of before an order of the appropriate authority for its seizure is obtained, such officer or the team may, be order in writhing, direct the owner or any person who is, for the time being, in possession thereof not to remove, transfer or otherwise dispose of such property in any manner except with the previous permission of such officer or the team, as the case may be, and such order shall be subject to any order made by the Court having jurisdiction in the matter.

(2)  Any contravention of an order made under sub-section (1) shall be punishable with rigorous imprisonment for a term which may extend to two years, or with fine, or with both.".

7.  Amendment of Section 11-O, Act XXVII of 1997.—In the said Act, in Section 11-O,—

(a)     after the word "the" occurring for the first time, the words "Federal Government or" shall be inserted; and

(b)     in the proviso for the full stop, at the end, a colon shall be substituted and thereafter the following explanation shall be inserted, namely:

          "Explanation.—The authorized officer under this section shall not be less than an officer of the rank of Superintendent of Police or equivalent.".

8.       Amendment of Section 11-Q, Act XXVII of 1997.—In the said Act, in Section 11Q, after sub-section (6), the following new sub-section shall be added, namely:

"(7)    A person other than an accused, claiming the ownership or interest in any property or assets, suspected to be terrorist property, may within a period of fifteen days of freezing of account or of taking into possession or control of such property or assets, as the case may be or within such extended period as the court may, for reasons to be recorded, allow file his claim before the court. The court after giving notice to the prosecution and hearing the parties, shall decide the claim.".

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