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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.".

9.       Amendment of Section 11W Act, XXVII of 1997.—In the said Act, in Section 11W, in sub-section (1),—

(a)     after the words "video-cassettes", the words and commas " or any form of data, storage devise, FM radio station or by any visible sign" shall be inserted;

(b)     after the word "method", the words "or means of communication" shall be inserted; and

(c)     after the word "which" the words "glorifies terrorists or terrorist activities or" shall be inserted.

10.     Amendment of Section 12 Act, XXVII of 1997.—In the said Act, in Section 12,—

(a)     in sub-section (1), after the word "Province" the words "or the Islamabad Capital Territory" shall be inserted; and

(b)     in sub-section (3), after the word "Province" the words "or the Islamabad Capital Territory" shall be inserted.

11.     Amendment of Section 13, Act XXVII of 1997.—In the said Act, in Section 13, in sub-section (1), for the word brackets and figures " referred to in sub-section (2) and sub-section (3) of Section 39A" the words " under this Act" shall be substituted.

12.     Amendment of Section 19, Act XXVII of 1997.—In the said Act, in Section 19,—

(a)     for sub-section (1), the following shall be substituted, namely:—

          "(1) The offences under this Act shall be investigated by a police officer not below the rank of inspector. The Government, if deems necessary, may constitute a Joint Investigation Team (JIT) of the officers from other law enforcement agencies including intelligence agencies for assisting the Investigating Officer. The Investigating Officer or the JIT shall complete the investigation in respect of cases triable by the court within thirty working days and forward a report under Section 173 of the Code directly to the court:

                    Provided that, where investigation is not completed within a period of thirty days from the date of recording of the first information report under Section 154 of the Code the Investigation Officer or the JIT shall, within three days after expiration of such period, forward to the court through the Public Prosecutor, an interim report under Section 173 of the Code, stating therein the result of investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the court decides that the trial may not so commence." ;

(b)     after sub-section (1), substituted as aforesaid, the following new sub-section shall be inserted, namely:—

          "(1A) Notwithstanding anything contained in any other law for the time being in force, the Federal Government may, in respect of any case registered by or under investigation with, the Police or any other investigation agency or authority, by order in writing, entrust inquiry or such investigation to such agency or authority as it may deem fit and thereupon the Police, or any other investigation agency or the authority shall transfer the record of the case to such agency or authority."; and

(c)     in sub-section (10) in the first proviso, for the words "three national daily newspapers out of which one shall be in Urdu language" the words "in one daily newspaper including Sindhi language" shall be substituted.

13.     Insertion of new section, Act XXVII of 1997.—In the said Act, after Section 19, the following new section shall be inserted, namely:—

"19-A. Mode of making searches and arrest.—The provisions of the Code, except that of Section 103, shall mutatis mutandis, apply to all searches and arrest by police officer and an officer of equivalent rank of the law enforcement agencies made under this Act.".

14.     "Amendment of Section 21D, Act XXVII of 1997.—In the said Act, in Section 21D, in sub-section (5),—

(i)      in clause (a), after the word "required" the words "including very high bail sureties" shall be inserted; and

(ii)     in clause (b), after the word "crime", the comma and words", including surveillance of the person granted bail to monitor his activities and requiring him to report to the concerned police station at specified intervals as determined by the court" shall be inserted.".

15.     Amendment of Section 21E, Act XXVII of 1997.—In the said Act, in Section 21E.—

(a)     in sub-section (1), after the words “not less" the words "fifteen days and not more" shall be inserted;

(b)     in sub-section (2), in the proviso for the word "thirty" the word "ninety" shall be substituted; and

(c)     in sub-section (3), for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:—

                    "Provided that the Magistrates appointed under the Shariah Nizam-e-Adl Regulation, 2009 shall also have the same powers as given to a court under this section.".

16.     Insertion of Section 21EE, Act XXVII of 1997.—In the said Act, after Section 2IE, the following new section shall be inserted, namely:—

"21EE Power to call information etc.—(1) The Superintendent of Police during the course of investigation or an equivalent officer of security forces operating in aid of civil power under Sections 4 and 5, may by an order in writing, on the request of the Joint Investigation Team,—

(a)     call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made there under;

(b)     require any person to produce or deliver any document or thing useful or relevant to the inquiry or investigation;

(c)     examine any person acquainted with the facts;

(d)     with the permission of the Anti-terrorism Court, require any bank of financial institution, notwithstanding anything contained in any other law for the time being in force, to provide any information relating to any person, including copies of entries made in the bank's or a financial institution's book, including information of transactions saved in electronic or digital form which are reasonably believed to be connected with commission of an offence under this Act and the keeper of such books or records shall be obliged to certify the copies in accordance with law; and

(e)     require information or obtain record of telephone and mobile phone data, e-mail, MMS and CNIC and encrypted messages or any other information suspected to be linked in any manner with commission of an offence under this Act, from any service provider company of department.

(2)     The copies obtained, information received or evidence collected in pursuance of clauses (d) and (e) of sub-section (1) shall be kept confidential and shall not be divulged to any un-authorized person or used for any purpose other than the legal proceedings under this Act.

(3)     Any contravention of an order made under sub-section (1) shall be punishable with imprisonment which may extend to two years or with fine which may extend to one hundred thousand rupees or with both".

17. Amendment of Section 21F, Act XXVII of 1997.—In the said Act, in Section 21F,—

(a)     the words and comma "other than a child," and the comma and words "unless granted by the Government" shall be omitted.

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

          "Provided that in case of a child convicted and sentences for an offence under this Act, on satisfaction of Government, may be granted remission, as deemed appropriate.".

18.     Amendment of Section 21G, Act XXVII of 1997.—In the said Act, in Section 21G, for the full stop, at the end, a colon shall be substituted and thereafter the following proviso shall be added, namely:—

"Provided that the Courts of Zila Qazi or Azafi Zila Qazi established under the Shariah Nizam-e-Adl Regulation, 2009 shall deemed to be the court and shall try all cases so assigned to them by the administrative judge designated under sub-section (2) or sub-section (4) of Section 13, as the case may be."

19.     Amendment of Section 25, Act XXVII of 1997.—In the said Act, in Section 25;—

(a)     in sub-section (3), for the word "seven" the word "fifteen" shall be substituted; and

(b)     in sub-section (4), for the word "fifteen" the world "thirty" shall be substituted.

20.     Insertion of new Section 27A, Act XXVII of 1997.—In the said Act, after Section 27, the following new section shall be inserted, namely:—

"27A Presumption of proof against accused.—Any person having in possession any explosive substance with or without explosive devices without lawful justification or having been unlawfully concerned with such explosive substance and devices, shall be presumed, unless contrary is proved, that the explosive substance was for the purpose of terrorism.".

21.     Amendment of Section 28, Act XXVII of 1997.—In said Act, in Section 28, after the word "concerned" the words "on the application of any party to the proceedings" or on the application of the Federal Government or a Provincial Government shall be inserted.

22.     Substitution of Section 35, Act XXVII of 1997.—In the said Act, for Section 35 the following shall be substituted, namely:—

"35. Powers to make rules.—The Federal Government or a Provincial Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act."