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THE ANTI-TERRORISM ACT, 1997

1(XXVII OF 1997)

An act to provide for the prevention of terrorism, sectarian violence and for speedy trial of heinous offences; 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, extent and commencement. – (1) This Act may be called the Anti-terrorism Act, 1997.

(2) It extent to the whole of Pakistan. (3) It shall come in to force at once.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context,-

(a) “armed forces” means the Military, Naval and Air Forces of Pakistan and the Reserves of such Forces;

(b) “civil armed forces” means the Frontier Constabulary, Frontier Corps, Pakistan Coast Guards, Pakistan Rangers or any other civil armed force notified by the Federal Government as such;

(c) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);

2[(d) “child” means a person who at the time of the commission of the offence has not attained the age of eighteen years;

(e) “court” means an Anti-terrorism Court established under section 13;

(f) “explosives” means any bomb, grenade, dynamite, or explosive substance capable of causing an injury to any person or damage to any property and includes any explosive substance as defined in the Explosives Act, 1884 (Act IV of 1884);

(g) “firearms” means any or all types and gauges of handguns, rifles and shotguns, whether automatic,

1The Anti-terrorism Act, 1997 and all Rules, Notifications and Orders issued there under have been adopted in the Northern Areas vide S.R.O No. 496(1) 2000, dated 11-7-2000. 2Subs. by the Anti-terrorism (Amdt.) Ordinance, 2001(39 of 2001), s. 2, for cls. (d) to (h), which was previously ins. by Ord. 13 of 1999, s.3. *It shall apply to the PATA of the Khyber PakhtunKhwa vide Notification No. 1/75-SOS 11/HD/2002 dated 15.12.2002.


semi-automatic or bolt action, and shall include all other firearms as defined in the Arms Ordinance 1965 (W.P. Ord. XX of 1965);

(h) “fine” means a pecuniary amount to be determined by the Court having regard to the facts and circumstances of the case;]

1[(ha) “freeze” means to prohibit the transfer, conversion, disposition or movement of any money or other properly;’]

(i) “Government” means the Federal Government or. as the case may be, the Provincial Government;

(j) “grievous”, in relation to bodily injury, means any emasculation, mutilation, incapacitation, disfigurement or severe harm or hurt; and in relation to property, means severe loss, damage or destruction;

(k) “High Court” means the High Court having territorial jurisdiction in respect of the area for which an Anti-terrorism Court has been established;

(l) “hijacking” means any unlawful seizure of exercise of control, or any attempt at unlawful seizure or exercise of control, of an aircraft, by force, violence, threat or any form of obstruction, directly or through any other person, from within or outside the aircraft;

(m) “hostage-taking” means the holding of a person captive with threats made to kill or harm that person if demand are not met;

(n) “kidnapping for ransom” means the action of conveying any person from any place, without his consent, or by force compelling or by any deceitful means inducing him, to go from any place, and unlawfully detaining him and demanding or attempting to demand, money, pecuniary or other benefit from him or from another person, as a condition of his release;

(o) “meeting” means a meeting of two or more persons, whether in public or private;

2[(oa) “money” includes coins or notes in any currency, postal orders, money orders, bank credits, bank accounts, letter of credit, travelers cheques, bank cheques, bankers draft, in any form, electronic, digital or otherwise and such others kinds of monetary instruments or documents as the Federal Government may by order specify;]

(p) “organization” means any group, combination or body of persons 2* * *;

2[(pa) “property” means property of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes shares, securities, bonds and deeds and instruments evidencing title to, or an interest in, property of any kind and money;]

1[(q) “proscribed person” means any organization which is listed in the First Schedule under section 11B;]

1[(qa) “proscribed person” means any individual who is listed in the Fourth Schedule under section 11EE;”]

 

 

1Ins. and subs. by Act VII of 2014, s.2. 2Omitted and ins. by Act XIII of 2013, s.2


(r) “public servant” shall have the same meaning as in Section 21 of the Pakistan Penal Code, 1860, or in any other law for the time being in force;

(s) “Schedule” means a Schedule to this Act;

(t) “Scheduled offence” means an offence as set out in the Third Schedule;

(u) “sectarian” means pertaining to, devoted to, peculiar to, or one which promotes the interest of a religious sects, or sects, in a bigoted or prejudicial manner;

(v) “sectarian hatred” means hatred against a group of persons defined by reference to religion, religious sect, religious persuasion, or religious belief;

1[(va) “seize” means to take custody or control of money or other property in order to prohibit its transfer, conversion, disposition or movement;]

(w) “serious” means dangerous to life or property;

(x) “terrorism” or “act of terrorism” has the meaning as assigned to it in section 6;

(y) “terrorist” has the meaning as assigned to it in section 6 (5);

(z) “terrorist investigation” means an investigation of:-

(a) the commission, preparation or instigation of acts of terrorism under this Act;

(b) an act which appears to have been done for the purposes of terrorism;

(c) the resources of proscribed organization;

(d) the commission, preparation or instigation of an offence under this Act; or

(e) any other act for which investigation may be necessary for the purposes of this Act.

(aa) “terrorist property” means:-

(i)(a) money or other property which is used or is likely to be used for the purposes of terrorism (including any resources of 2[an organization concerned in terrorism or a terrorist];

(b) proceeds of the commission of acts of terrorism;

(c) proceeds of acts carried out for the purposes of terrorism; and

(ii) In sub-section (i) above;

(a) a reference to proceeds of an act, includes reference to any property which wholly or partly, and directly or indirectly represents the proceeds of the act (including payments of other rewards in connection with the commission); 2[and]

(b) the reference to an organization’s resources includes a reference to any money or other property which is applied or made available, or is to be applied or made

 

 

1Ins. by Act VII of 2014, s.2. 2Added and subs by the Anti-terrorism (Amdt.) Act, 2013 (XIII of 2013), s.2.


available, for use by the organization 1[and includes assets of any kind, whether tangible or intangible, movable or immovable, and legal documents or instruments in any form, whether written, electronic or digital, and shares, securities, bonds, drafts and letters of credit ]1[;]1

(bb) “weapons” means any items which can be used to injure or cause:

bodily harm, and includes any type of firearm, explosive, sword, dagger, knuckle-duster, stengun, bomb, grenade, rocket launcher, mortar or any chemical, biological weapon or any other thing which can be used for causing injury, hurt, harm or destruction of person or property, and includes ‘illicit arms’ as defined in the Surrender of Illicit Arms Act, 1991 (XXI of 1991); and

1* * * ** * *

(cc) all other terms and expressions used but not defined in this Act, shall have the meanings as are assigned to them in the Pakistan Penal Code, 1860, or the Code of Criminal Procedure, 1898.]

3. [Declaration of Intent.] Omitted by the Anti-terrorism (Amdt.) Ordinance, 2001 (XXX1X of 2001), s.3.

4. Calling in of armed forces and civil armed forces in aid of civil power.-

(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) lf, the opinion of the Provincial Government, the presence of armed forces, or, civil armed forces, is necessary in order to prevent the commission of terrorist acts or scheduled offences in any area, it may request the Federal 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-

(i) the civil armed forces; or

(ii) the armed forces,

and on so deciding shall, by means of a notification in the official Gazette issued under clauses (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 officers, 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.

 

 

1 Subs. & omitted by the Anti-terrorism (Amdt) Act. 2013 (XIII of 2013), s. 2.


(2) In particular and without prejudice to the generality of the provisions of sub-section (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 1* * * a terrorist act or a schedule offence, 2[it shall be lawful for any such officer. or any senior officer 3[after forming reasonable apprehension that death or grievous hurt may be caused by such act or offence] to fire, or order the firing upon any person or persons against whom he is authorized to use force in terms hereof [:]3

3[Provided that an order to open tire in such circumstances shall be given by a police officer not below the rank of BS-17 and equivalent rank, in the case of a member of Armed Forces or civil Armed forces or by a Magistrate on duty:

Provided further that the decision to fire or order firing shall be taken only by way of last resort, and shall in no case extend to the inflicting of more harm than is necessary to prevent the terrorist act or scheduled offence which has given rise to the reasonable apprehension of death or grievous hurt:

Provided further that all cases of firing which have resulted in death or grievous injury shall be reviewed by an internal inquiry committee constituted by the head of the law enforcement agency concerned.]

(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, any such act or offence; and

(iii) enter and search, without warrant, any premises to make any arrest or to take possession of any property, firearm, 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 provision of section 132 of the Code shall apply to any person acting under this section.

4[6. Terrorism.-(1) In this Act, “terrorism” means the use or threat of action where:-

(a) the action falls within the meaning of sub-section (2); and

(b) the use or threat is designed to coerce and intimidate or overawe the Government or the public or a section of the public or community or sect 5[or a foreign government or population or an international organization] or create a sense of fear or insecurity in society; or

 

 

1Certain words omitted by the Anti-terrorism (Second Amdt.) Ordinance, 1999 (13 of 1999), s. 4. 2Subs. by the Anti-terrorism (Amdt.) Ordinance, 2001 (39 of 2001), s. 4, for certain words, which was previously amended by Ord. 29 of 2000 s. 2. 3 Subs. and added by Act VI of 2014. s. 2 . 4Subs. by the Anti-terrorism (Amdt.) Ordinance, 2001 (39 of 2001), s. 5, for section 6, which was previously amended by various enactments. 5Ins. by the Anti-terrorism (Amdt.) Act, 2013 (XIII of 2013), s. 3.


(c) the use or threat is made for the purpose of advancing a religious, sectarian or ethnic cause 1[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:]

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

(2) An “action” shall fall within the meaning of sub-section (1), if it:-

(a) involves the doing of any thing that causes death;

(b) involves grievous violence against a person or grievous bodily injury or harm to a person;

(c) involves grievous damage to property 2[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 others means;]

(d) involves the doing of any thing that is likely to cause death or endangers person’s life;

(e) involves kidnapping for ransom, hostage-taking or hijacking;

1[(ee) involves use of explosive by any device including bomb blast 2[or having any explosive substance without any lawful justification or having been unlawfully concerned with such explosive]];

(f) incites hatred and contempt on religious, sectarian or ethnic basis to strip up violence or cause internal disturbance;

2[(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;]

(h) involves firing on religious congregation, mosques, imambargahs, churches, temples and all other places or worship, or random firing to spread panic, or involves any forcible takeover of mosques or other places of worship;

(i) creates a serious risk to safety of the public or a section of the public, or is designed to frighten the general public and thereby prevent them from coming out and carrying on their lawful trade and daily business, and disrupts civic life;

(j) involves the burning of vehicles or any other serious form of arson;

 

 

1Added by the Anti-terrorism (Second Amdt.) Act. 2013 (XX of 2013), s. 2. 2Ins. by the Act No. II of 2005, s. 2.


(k) involves extortion of money (“bhatta”) or property;

(I) is designed to seriously interfere with or seriously disrupt a communication system or public utility service;

(m) involves serious coercion or intimidation of a public servant in order to force him to discharge or to refrain from discharging his lawful duties; 1*

(n) involves serious violence against a member of the police force, armed forces, civil armed forces, or a public servant;

1[(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) The use or threat of use of any action falling within sub-section (2) which involves the use of firearms, explosive or any other weapon is terrorism, whether or not sub-section (1) (c) is satisfied.

2[(3A) Notwithstanding anything contained in sub-section (1), an action in violation of a convention specified in the Fifth Schedule shall be an act of terrorism under this Act.]

(4) In this section “action” includes an act or a series of acts.

(5) In this Act, terrorism includes any act done for the benefit of a proscribed organization.

(6) A person who commits an offence under this section or any other provision of this Act, shall be guilty of an act of terrorism.

(7) In this Act, a “terrorist” means:-

(a) 1[an individual] who has committed an offence of terrorism under this Act, and is or has been concerned in the commission, preparation,1[facilitation, funding] or instigation of acts of terrorism;

(b) 1[an individual] who is or has been, whether before or after the coming into force of this Act, concerned in the commission, preparation,1[facilitation, funding] or instigation of acts of terrorism, shall also be included in the meaning given in clause (a) above.]

3[7. Punishment for acts of terrorism.- 4[(1)] Whoever commits an act of terrorism under section 6, whereby-

(a) death of any person is caused, shall be punishable, on conviction, with death or with imprisonment for life, and with fine; or

(b) he does anything likely to cause death or endangers life, but death or hurt is not caused, shall be punishable, on conviction, with imprisonment of either description for a terms which shall he not less than 5[ten years] but may extend to 5[imprisonments for life] and with fine; or

(c) grievous bodily harm or injury is caused to any person, shall be punishable, on conviction, with imprisonment of either description for a term which shall not be less than 5[ten years] but may extend to imprisonment for life and shall also be liable to a fine; or

 

 

1Omitted and added. by the Anti-terrorism (Second Amdt.) Act. 2013 (XX of 2013), s. 2. 2Subs. & ins. by the Anti-terrorism (Amdt) Act, 2013 (XIII of 2013), s. 3. 3Subs. by the Anti-terrorism (Amdt.) Ordinance. 2001 (39 of 2001), s. 6. 4Renumbered by the Anti-terrorism (Second Amdt.) Act, 2013 (XX of 2013), s. 3. 5Subs. & ins. by the Anti-terrorism (Second Amdt.) Act. 2005 (II of 2005), s. 3.


(d) grievous damage to property is caused, shall be punishable on conviction, with imprisonment, of either description for a term not less than ten year and not exceeding 1[but may extend to imprisonment for life] and shall also be liable to a fine; or

(e) the offence of kidnapping for ransom or hostage-taking has been committed, shall be punishable, or conviction, with death or imprisonment for life 2* * * ; or

(f) the offence of hijacking, has been committed, shall be punishable, on conviction, with death or imprisonment for life 2* * * and fine;

1[(ff) the act of terrorism committed falls under section 6 (2) (ee), shall be punishable with imprisonment which shall not be less than fourteen years but may extend to imprisonment for life;]

(g) the act of terrorism committed falls under section 6 (2) (f) and (g), shall be punishable, on conviction, with imprisonment of not less than1[two years] and not more than 1[five years] and with fine; or

(h) the act of terrorism committed falls under clauses (h) to (n) of sub-section (2) of section 6, shall be punishable on conviction, to imprisonment of not less than 1[five years] but may 1[extend to imprisonment for life] and with fine;

(i) any other act of terrorism not falling under clauses (a) to (h) above or under any other provision of this Act, shall he punishable, on convection, to imprisonment of not less then 1[five years] and not more then 1[ten years] or with fine or with both.

2[(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.]

3* * * * * * *

8. Prohibition of acts intended or likely to stir up sectarian hatred. A person who-

(a) uses threatening, abusive or insulting words or behaviors; or

(b) displays, publishes or distributes 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 strip up sectarian hatred; or

 

 

1Subs. & ins. by the Act, II of 2005, s. 3. 2Omitted & added by Anti-terrorism (Second Amdt.) Act, 2013 (XX of 2013), s.3. 3Sections 7A and 7B omitted by the Anti-terrorism (Amdt.) Ordinance, 2000 (29 of 2000), s. 5 which was previously ins. by Ord. 13 of 1999, s. 7.


(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 1* imprisonment for a term which may extend to 2[five] years 3[and with fine].

10. Power to enter or search. If any officers 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 1[:]

1[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) 4[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 1[Anti-terrorism Court] on the application of the officer seizing the material or recording, shall forfeit the material or recording to the State to be disposed of as directed by it.

5[11A. Organizations concerned in terrorism.6[(1)] For the purposes of this Act, an organization is concerned in terrorism if it:-

(a) commits 6[,facilitates] or participates in acts of terrorism;

(b) prepares for terrorism;

(c) promotes or encourages terrorism;

(d) supports and assists any organization concerned with terrorism;

(e) patronizes and assists in the incitement of hatred and contempt on religious, sectarian or ethnic lines that stir up disorder;

(f) fails to expel from its ranks or ostracize those who commit acts of terrorism and presents them as heroic persons; or

(g) is otherwise concerned in terrorism.

6[(2) An organization shall fall within the meaning of sub-section (1) if it-

(a) is owned or controlled, directly or indirectly, by a terrorist or an organization referred in sub-section (1); or

(b) acts on behalf of, or at the direction of, a terrorist or an organization referred in sub-section (1).]

 

 

1The word “rigorous” omitted by the Anti-terrorism (Second Amdt.) Ordinance, (13 of 1999), s. 8. 2Subs. by the Anti-terrorism (Amdt.) Ordinance. 2001 (39 of 2001), s. 7 for Seven. 3Subs. and added by the Ordinance, 13 of 1999. s. 9. 4Subs. ibid. 5New section 11 A to 11 X ins. by the Anti-terrorism (Amdt.) Ordinance, 2001 (39 of 2001), s. 8. 6Renumbered , ins & added by the Anti-terrorism (Amdt.) Act, 2013 (XIII of 2013), s. 4.


 

1[11B. Proscription of organizations.—(1) The Federal Government may, by order published in the official Gazette, list an organization as a proscribed organization in the First Schedule on an ex Parte basis, if there are reasonable grounds to believe that it is—

(a) concerned in terrorism; or

(b) owned or controlled, directly or indirectly, by any individual or organization proscribed under this Act; or

(c) acting on behalf of, or at the direction of, any individual or organization proscribed under this Act.

 

Explanation.—The opinion concerning reasonable grounds to believe may be formed on the basis of information received from any credible source, whether domestic or foreign including governmental and regulatory authorities, law enforcement agencies financial intelligence units banks and non-banking companies and international institutions.

(2) The grounds shall be communicated to the proscribed organization within three days of the passing of the order of proscription.]

11C. Right of Review.- 1[(1) Where any proscribed organization is aggrieved by the order of the Federal Government, made under section 11B, it may, within thirty days of such order, file a review application, in writing before the Federal Government stating the grounds on which it is made and the Federal Government shall, after hearing the applicant, decide the matter on reasonable grounds within ninety days.]

(2) An organization whose review application has been refused under sub-section (1) may file an appeal to the High Court within thirty days of the refusal of the review application.

1 * * * * * * *

1[11CC. Proscription Review Committee.—The Federal Government, shall constitute a Proscription Review Committee, comprising three Government officers, including a representative of the Ministry of Law and Justice, with the Chairman of the Committee being a person not below the rank of a Joint Secretary to the Federal Government, to decide, within thirty days, review applications filed under sections 11C and 11EE].

11D. Observation Order. Where the Federal Government, has 1[reasonable grounds] to believe that an organization is acting in a manner that it may be concerned in terrorism;

(1) The organization may be kept under observation, if:-

(a) the name of the organization is listed the Second Schedule by order of the Federal Government; or

(b) it operates under the same name as an organization listed in the Second Schedule.

(2) An organization or a person aggrieved by the observation order passed under sub-section (1) may file a review application before the Federal Government, which shall, after hearing the applicant, decide the matter within sixty days.

(3) Where the Organization is under observation, the Federal Government may further extend the period of observation, only after giving the organization an opportunity of being heard.

 

 

1Subs. omitted & ins. by Act VII of 2014, ss.3 to 6.


(4) Each observation period shall be for six months, and may be extended by the Federal Government only after giving an opportunity of being heard to the organization concerned.

11E. Measure to be taken against a proscribed organization. Where any organization shall be proscribed:-

(1) Amongst other measures to be taken by the Federal Government-

(a) its offices, if any, shall be sealed;

1* * * * * * *

(c) all literature, posters, banner, or printed, electronic, digital or other material shall be seized; and

(d) publication, printing or dissemination of any press statements, press conferences or public utterances by or on behalf of or in support of a proscribed organization shall be prohibited.

2[(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 weapons shall be issued.]

 

(2) The Proscribed Organization shall submit all accounts of its income and expenditure for its political and social welfare activities and disclose all funding sources to the competent authority designated by the Federal Government.

 

 

1Ommited by Act VII of 2014, s.7. 2Ins. by Act XX of 2013, s. 5.


1[11EE. Proscription of Person.]

1[(1) The Federal Government may, by order published in the official Gazette, list a person as a proscribed person in the fourth Schedule on an ex-parte basis, if there are reasonable grounds to believe that such person is—

(a) concerned in terrorism;

(b) an activist, office bearer on an associate of an organization kept under observation under section 11D or proscribed under section 11B; and

(c) in any way concerned or suspected to be concerned with such organization or affiliated with any group or organization suspected to be involved in terrorism or sectarianism or acting on behalf of, or at the direction of, any person or organization proscribed under this Act.

Explanation.- The opinion concerning reasonable grounds to believe may be formed on the basis of information received from any credible source, whether domestic of foreign including governmental and regulatory authorities, law enforcement agencies, financial intelligence units, banks and on-banking companies and international institutions.]

1[(1A) The grounds shall be communicated to the proscribed person within three days of the passing of the order of proscription.]

(2) Where a person’s name is listed in the Fourth Schedule, the Federal 1* * * as the case may be, with out prejudice to any other action which may lie against such person under this Act or any other law for the time being in force, may take following actions and exercise following powers, namely:-

(a) require such person to execute a bond with one or more sureties to the satisfaction of the District Police Officer in the territorial limits of which the said person ordinarily resides, or carries on business, for this good behaviour and not involve in any act of terrorism or in any manner advance the objectives of the organization referred to sub-section (1) for such period not exceeding three years and in such amount as may be specified:

Provided that where he fails to execute the bond or cannot produce a surety or sureties to the satisfaction of the District Police Officer order him to be detained and produced within twenty-four hours before a court which shall order him to be detained in prison until he executes the bond or until a satisfactory surety or sureties if required, are available or, failing that the term of the order under clause (a) expires:

Provided further that where he is a minor, the bond executed by a surety or sureties only may be accepted;

 

 

1Subs. ins. and Omitted by Act VII of 2014, s.8.


 

(b) require any such person to seek prior permission from the officer incharge of the Police Station of the concerned area before moving from his permanent place of residence for any period of time and to keep him informed about the place he would be visiting and the persons, he would be meeting during the stay;

(c) require:-

(i) that his movements to be restricted to any place or area specified in the order;

(ii) him to report himself at such times and places and in such mode as may be specified in the order;

(iii) him to comply with both the direction; and

(iv) that he shall not reside within areas specified in the order;

(d) direct that he shall not visit or go within surroundings specified in the order including any of the under mentioned places, without the written permission of the officer incharge of the Police Station with in whose jurisdiction such place is situated, namely:-

(i) schools, colleges and other institutions where person under twenty-one years of age or women are given education or other training or are housed permanently or temporarily;

(ii) theatres, cinemas, fairs, amusement parks, hotels, clubs, restaurants, tea shops and other place of public entertainment or resort;

(iii) airports, railway stations, bus stands, telephone exchanges, television stations, radio stations and other such places;

(iv) public or private parks and gardens and public or private playing fields; and

(v) the scene of any public meeting or procession of any assemblage of the public whether in an enclosed place or otherwise in connection with any public event festival or other celebrations;

(e) check and probe the assets of such persons or their immediate family members i.e. parents, wives and children through police or any other Government agency, which shell exercise the power as are available to it under the relevant law for the purposes of the investigation, to ascertain whether assets and sources of income are legitimate and are being spent on lawful objectives:

Provided that no order under clause (d) or (e) above shall be made operative for a period of more than three years; and

(f) monitor and keep surveillance over the activities of such person through police or any other Government agency or any person or authority designated for the purpose.

 


1[(3)     Where any person is aggrieved by the order of the Federal Government made under sub-section (1), he may, within thirty days of such order, file a review application, in writing, before the Federal Government stating the grounds on which it is made and the Government shall, after hearing the applicant, decide the matter on reasonable grounds within ninety days.]

1[(3A)   A person whose review application has been refused under sub-section (3) may file and appeal to the High Court within thirty days of the refusal of the review application.]

(4)        Any person who violates and direction or order of the Federal 1*   *   * or any terms of bond referred to in sub-section (2), shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both.]

 2[11EEE. Powers to arrest and detain suspected persons.- (1) Government if satisfied that with a review to prevent any person whose name is included in the list referred to section 11EE, it is necessary so to do, may, by order in writing, directed to arrest and detain, in such custody as may be satisfied, such person for such period as may be specified in the order, and Government if satisfied that for the aforesaid reasons it is necessary so to do, may, extend from time to time the period of such detention for a total period not exceeding twelve months.

1. The provisions of Article 10 of the Constitution of the Islamic Republic of Pakistan shall mutatis mutandis apply to the arrest and detention of a person ordered under sub-section (1).]

 

 

1Subs. ins. and omitted by Act, 2014 (VII of 2014.) s. 8. 2Ins. by Ordinance 12 of 2002. s.3.


 

1[11EEEE. Preventive detention for inquiry.- 2[(1) The Government or, where the provisions of section 4 have been invoked, the armed forces or civil armed forces, as the case may be, subject to the specific or general order of the Government in this regard. for a period not exceeding three months 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 the security or defence of Pakistan or any part thereof, or public order relating to target killing, kidnapping for ransom, and extortion/bhatta, or the maintenance of supplies or services, or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspision exists of his having been so concerned, for purpose of inquiry:

Provided that the detention of such person, including detention for further period after three months, shall be subject to the provisions of Article 10 of the Constitution.]

(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) [:]2

2[Provided that where the detention order has been issued by the armed forces or civil armed forces under sub-section (1), the inquiry shall be conducted by the JIT comprising members of armed forces or civil armed forces, as the case may be, intelligence agencies and other law enforcement agencies, including a police officer not below the rank of Superintendent of Police.]

2[(2A) The provisions of sub-sections (1) and (2) shall remain in force for such period as may be notified by the Government from time to time:

Provided that such period shall not exceed two years from the commencement of the Anti-terrorism (Amendment) Act, 2014 (VI of 2014).]

(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 Police Officer has in relation to the investigation of offences under the Code or any other law for the time being in force:

 

 

1Ins. by the Anti-terrorism (Second Amdt.) Act, 2013 (XX of 2013), s. 6. 2Subs. and ins. by Act 2014 (VI of 2014), s.3.


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 may 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.

2[(5) Any person detained under this section shall be provided facility of medical checkup as may be prescribed by rules.]

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 writing, 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.]

11F. Membership, support and meetings relating to a Proscribed Organization.-(1) A person is guilty of an offence if he belongs or professes to belong to a proscribed organization.

(2) A person guilty of an offence under sub-section (1) shall be liable on conviction to a term not exceeding six months imprisonment and a fine.

(3) A person commits an offence if he:-

(a) solicits or invites support for support for a proscribed organization, and the support is not, or is not restricted to, the provisions of money or other property; or

(b) arranges, manages or assists in managing, or addressing a meeting which he knows is:-

 

(i) to support a Proscribed organization;

 

(ii) to further the activities of a proscribed organization; or

 

(iii) to be addressed by a person who belongs or professes to belong to a proscribed organization.

(4) A person commits an offence if he addresses a meeting, or delivers a sermon to a religious gathering, by any means whether verbal, written, electronic, digital or otherwise, and the purpose of his address or sermon, is to encourage support for a proscribed organization or to further its activities.

(5) A person commits an offence it he solicits, collects or raises 1[money or other property] for a proscribed organization.

(6) A person guilty of an offence under sub-sections (3),(4), and (5) shall be liable on conviction to a term of imprisonment, not less than one year and not more than five years and a fine.

11G. Uniform.- (1) A person commits an offence if he: —

a. wears, carries or displays any article, symbol, or any flag or banner connected with or associated with any proscribed organization; or

 

 

1Subs. by Act XIII at 2013, s.6. 2Ins. by Act 2014 (VI of 2014), s.3.


 

(b) carries, wears or displays any uniform, item of clothing or dress in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organization.

1[(2) A person who commits an offence under sub-section (1) shall be liable to imprisonment for a term which may extend to five years, or with fine, or with both.]

11H. Fund Raising.-(1) A person commits on offence if he:-

(a) invites another to provide money or other property; and (b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purpose of terrorism 2[or by a terrorist or organization concerned in terrorism.]

(2) A person commits an offence if:-

(a) he receives money or other property; and (b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism 1[or by a terrorist or organization concerned in terrorism].

(3) A person commits an offence if he:-

(a) provides money or other property; and (b) knows or has reasonable cause to suspect that it will or may be used for the purpose of terrorism 1[or by a terrorist or organization concerned in terrorism].

(4) In this section a reference to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration.

11I. Use and possession. A person commits an offence if-

(1) he uses money or other property for the purposes of terrorism; or

(2) he: –

(a) possesses money or other property; and (b) intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.

11J. Funding Arrangements 3[(1) A person commits an offence if he-

(a) enters into or becomes concerned in an arrangements as a result of which money or other property is made available or is to made available to another; and (b) has reasonable cause to suspect that it will or may be used for the purposes of terrorism.

3[(2) Any person in Pakistan or a Pakistani national outside Pakistan shall commit an offence under this Act, if he knowingly or willfully makes money or other property or services available, directly or indirectly, wholly or jointly, for the benefit of a proscribed organization or proscribed person.]

11K. Money laundering.- (1) A person commits an offence if he enters into or becomes concerned in any arrangement which facilitates the retention or control, by or on behalf of another person, of terrorist property:-

(a) by concealment; (b) by removal from the jurisdiction; (c) by transfer to nominees; or

 

 

1Subs. by Act II of 2005, s.4. 2Ins. by Act XIII of 2013, s.7. 3Re-numbered and added by Act VII of 2014, s.9.


(d) in any other way.

(2) It is a defense for a person charged with an offence under sub-section (1) to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist property.

11L. Disclosure of information.- (1) Where a person-

(a) believes or suspects that another person has committed an offence under this Act; and (b) bases his belief or suspicion on information which comes to his attention in the course of a trade, profession, business or employment, he commits an offence if he dose not disclose to a police officer as soon as is reasonably practicable his belief or suspicion, and the information on which it is based.

(2) It is a defense for a person charged with an offence under sub-section (1) of this section to prove that he had a reasonable excuse for not making the disclosure:

Provided that this sub-section does not require disclosure by a professional legal advisor of any information which he obtains in privileged circumstances.

(3) A person may disclose to a police officer:-

(i) a suspicion or belief that any money or other property is terrorist property or is derived from terrorist property; or (ii) any matter on which the suspicion is based. (4) Sub-section (3) shall have effect notwithstanding any restriction on the disclosure of information imposed by any law for the time being in force.

11 M. Cooperation with the Police.- (1) A person does not commit an offence under sections 11H to 11K, if he is acting with the express consent of a police officer not below the rank of a Deputy Superintendent.

(2) Subject to sub-sections (3) and (4) under this section, a person does not commit a offence sections 11H to 11K. by involvement in a transaction or arrangement relating to money or other property if he discloses to a police officer:-

(a) his suspicion or belief that the money or other property is terrorist property; and (b) the information on which his suspicion or belief is based.

(3) Sub-section (2) under this section applies only where a person makes a disclosure-

(a) after he becomes concerned in the transaction concerned; (b) on his own initiative; and (c) as soon as is reasonably practicable.

(4) Sub-section (2) under this section does not apply to a person if-

(a) a police officer forbids him to continue his involvement in the transaction or arrangement to which the disclosure relates; and (b) he continues his involvement.

(5) It is a defence for a person charged with an offence under sections 11H to 11J to prove that-

(a) he intended to make a disclosure; and

(b) there is reasonable excuse for his failure to do so.

11N. Punishment under Sections 11H to 11K. Any person who commits an offence under sections 11H to 11K, shall be punishable on conviction with imprisonment for a term not less than l[five years] and not exceeding 1[ten years] and with fine.

2[11O. Seizure, freeze and detention-(1) On proscription made under section 11B or, as the case may be, section 11EE,—

(a) the money or other property owned or controlled, wholly or partly, directly or indirectly, by a proscribed organization or proscribed person shall be frozen or seized, as the case may be;

(b) the money or other property derived or generated from any property referred in clause (a) shall be frozen or seized, as the case may be;

(c) no person shall use, transfer, convert, dispose of or remove such money or other property with effect from proscription; and

(d) within forty-eight hours of any freeze or seizure, the person carrying out the freeze or seizure shall submit a report containing details of the property and the persons affected by the freeze or seizure to such office of the Federal Government as may be notified in the official Gazette.

(2) Any person who violates any provision of sub-section (1) shall be liable to penalty of fine not exceeding ten million rupees.

(3) If a legal person violates any provision of sub-section (1), such person shall be liable to penalty of fine not exceeding ten million rupees and every director, officer or employee of such person found guilty of the violation shall be punished in terms thereof.

(4) On an application made by any affected person, the Federal Government shall inquire into the ownership and control of any money or other property that has been frozen or seized and, if it is satisfied that the money or other property has inadvertently been frozen or seized, the same shall be ordered to be released immediately.

(5) No prosecution, suit or other proceedings shall lie against the government or any other person complying or purporting to comply with sub-section (1) for anything done in good faith to effect freeze seizure.]

2[11OO. Access to services, money or other property.—(1) The Federal Government may permit a person to make available to a proscribed organization or proscribed person such services, money or other property as may be prescribed, including such money as may be required for meeting necessary medical and educational expenses and for subsistence allowance, and such person shall not be liable for an offence under this Act on account of provision of the prescribed services, money or other property.

 

(2) on an application made by a prescribed organization of proscribed person, the Federal Government may authorize such organization or person to access such money or other property or avail such services as may be prescribed.

 

 

 

1Subs. by Act II of 2005, s.5.

 

2Subs. and Ins. by Act VII of 2014, ss.10-11.

 


2[11P. Application by investigating officer to Court.-(1) An investigating officer may apply to a court for an order under this section for attachment of a terrorist property.

1. An order under this section, shall-

(a) provide for attachment of the terrorist property for a period specified in the order or pending completion of the investigation; and (b) require notice to be given to the person from whom such property was attached and to any other person who is affected by and specified in the order.

(3) Any cash attached under this section shall be held in a profit and loss account and the profit and loss so earned shall be added to it on its release or forfeiture.]

11Q. Forfeiture.- (1) The Court by or before which a person is convicted of an offence under any of the sections 11H to 11 M may make forfeiture order in accordance with the provision of this section.

(2) Where a person is convicted of an offence under section 11H(1) or (2) or section 11I, the Court may order the forfeiture of any money or other property:-

(a) which, at the time of the offence, he had in his possession or under his control; and (b) which at that time, he intended should be used, or had reasonable cause to suspect might be used, for the purposes of terrorism.

(3) Where a person has been convicted under 11H(3), the Court may order the forfeiture of any money or other property:-

(a) which, at the time, of the offence, he had in his possession or under this control; and (b) which, at the time, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.

(4) Where a person is convicted of an offence under section 11J, the Court may order the forfeiture of the money or other property:-

(a) to which the arrangement in question related; and

(b) which, at the time of the offence, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.

(5) Where a person is convicted of and offence under section 11K, the Court may order the forfeiture of the money or other property to which the arrangement in question related.

(6) Where a person is convicted of and offence under any of the sections 11H to 11K, the Court may order forfeiture of any money or other property which wholly or partly, and directly of indirectly, is received by any person as a payment or other reward in connection with the commission of the offence.

 

1[(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.]

 

 

1Added by Act XX of 2013, s.8. 2Subs. by Act VII of 2014, s.12.


 

1[11R. Evidentiary standard for forfeiture.—(1) The court may pass an order for forfeiture under section 11Q upon conviction and only if satisfied on reasonable grounds that the money or other property is a terrorist property and before so doing must give an opportunity to be heard to any person,—

(a) who is not a party to the proceedings; and

(b) who claims to be the owner of or otherwise interested in any of the money or other property which can be forfeited under this section.

(2) An order may be made under section 11Q, whether or not proceedings are brought against all the persons for an offence with which the money or other property is connected.]

11S. Appeal against forfeiture order 1* * *. — (1) Any party to the proceedings in a which a forfeiture order is made under 2[section 11Q]1* * may appeal to the High Court against such an order.

(2) An appeal must be brought before the end of the period of thirty days beginning with the date on which the forfeiture order was made.

11T. Deposit of 2[money or other property] in a fund.- (1) Any 2[money or other property] to which a forfeiture order under sections 11R and 11S applies, along with 2[any addition, return,] profit and loss accrued, shall be deposited into a special fund to be notified by the Federal Government-

(a) after the expiry of the limitation period within which an appeal against the forfeiture order may be brought under section 115 (2); or

(b) where an appeal brought under section 11 S has been determined and disposed of.

(2) Any fund constituted by the Federal Government under sub-section (1) may also be used to compensate victims of acts of terrorism or in the case of deceased victims, their dependants.

2[(3) The Federal Government may, by rules made under this Act, prescribe the manner of administration of the fund and management or disposal of the money or property forfeited under this Act.]

1[11U. De-proscription.-(1) The Federal Government may, by notification in the official Gazette, at any time remove any organization or person from the First Schedule or Fourth Schedule, as the ease may be, on the basis that no reasonable ground for proscription exists.

(2) After three years of the disposal of appeal, if any, or where no appeal was filed, from the date of the order of proscription, or form the date of any refusal of an application of de-proscription,—

(a) the Federal Government shall conduct review of the proscriptions to determine whether any proscription may be cancelled on the basis provided for under sub-section (1); and

(b) until a proscription is cancelled. any money or other property frozen or seized on account of the proscription shall remain frozen or seized, as the case may be.

 

(3) On cancellation or the proscription under this Act, any money or other property shall has been frozen or seized shall be released in a timely manner.].

 

 

1Subs. and omitted by Act VII of 2014, ss13,14,15. 2Omitted, ins. subs. and added by Act XIII of 2013, ss. 11-12.


11V-. Directing terrorist activities.- (1) A person commits an offence if he:-

(a) directs, at any level whilst resident in Pakistan or abroad, activities of an organization concerned with the preparation, instigation or commission of acts of terrorism; or

(b) directs, from within the country or abroad, activities connected with the commission, preparation or instigation of an act of terrorism.

 

(2) A person guilty of an offence under sub-section (1) shall be liable on conviction to 1[imprisonment for life] and to forfeiture or confiscation of his assets within or outside Pakistan.

11W.Printing, publishing, or disseminating any material to incite hatred or giving projection to any person convicted for a terrorist act or any proscribed organization or an organization placed under observation or anyone concerned in terrorism.- (1) A person commits an offence if he prints, publishes or disseminates any material, whether by audio or video-cassettes 2[or any form of data, storage devise, FM radio station or by any visible sign] or by written photographic, electronic, digital, wall chalking or any other method 2[or means of communication] which 2[glorifies terrorists or terrorist activities or] incites religious, sectarian or ethnic hatred or gives projection to any person convicted for a terrorist act, or any person or organization concerned in terrorism or proscribed organization or an organization placed under observation:

Provided that a factual news report, made in good faith, shall not be construed to mean “projection” for the purposes of this section .

1[(2) Any person guilty of an offence under sub-section (1) shall he punishable on conviction with imprisonment which may extend to five years and with fine.]

11X. Responsibility for creating civil commotion.- (1) A person commits an offence if he makes any call for action or shut-down, imposed through the use of threats or force resulting in damage or destruction of property or injury to person, to intimidate citizens and prevent them from carrying out their lawful trade or business activity.

 

(2) A person guilty of an offence under sub-section (1) shall on conviction be punishable with imprisonment for a term not less than 1[five years] and not more than 1[ten years] and shall pay compensation as may be determined by the court, from the

 

 

1Subs. by Act No. II of 2005, ss. 6, 7 and 8. 2Subs. by the Anti-terrorism (Second Amdt) Act. 2013 (XX of 2013), s. 9.


 

funds of the organization to which he belongs or from his own personal resources or assets for the hurt or damage or destruction caused as a result of the commission of the offence under sub-section (1).

(3) A person commits an offence if he addresses a meeting or gathering or delivers a sermon to a religious gathering by any means whether verbal, written, electronic, digital or otherwise to incite religious, sectarian or ethnic hatred and contempt, and shall, on conviction, be punishable with imprisonment not less than 1[five years] and not more than 1[ten years] or fine or with both.

12. Jurisdiction of 2[Anti-terrorism Court].— (1) Notwithstanding anything contained in the Code or in any other law, a scheduled offence committed in an area in a Province 3[or the Islamabad Capital Territory] shall be triable only by the 2[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, is satisfied that in order to ensure a fair trial, or for the protection and safety of witnesses, that such offence should be tried by 2[an Anti-terrorism Court] established in relation to any other area, the Government may make a declaration to that effect.

Explanation.- Where 2[an Anti-terrorism Court] is established in relation to two or more areas, such 2[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 3[or the Islamabad Capital Territory] any prosecution in respect of such offence shall be instituted only in the 2[Anti-terrorism Court] established in relation to 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 2[Anti-terrorism Court] and such2[Anti-terrorism Court] shall proceed with such case from the stage at which it was pending at the time without the necessity of recalling any witnesses.

4[13. Establishment of Anti-terrorism Court.- (1) For the purpose of providing for the speedy trial of the cases 3[under this Act] and of scheduled offences, the Federal Government, or if so directed by the Government, the Provincial Government may establish by notification one or more Anti-terrorism Courts in relation to 5[each territorial area as specified by the High Court concerned].

 

(2) Where more Anti-terrorism Courts than one have been established in any area, the Government in consultation with the Chief Justice of the High Court shall 5[designate a judge of any such Court to be an administrative judge] and all cases trial under this Act pertaining to the said area shall be filed before the 5[said court and such judge may either try the case himself] or , assign any case, or cases, for trial to any other Anti-terrorism Court at any time prior to the framing of the charge. The cases shall be assigned to a court one case at a time:

 

 

1Subs. by the Act No. II of 2005, s. 5. 2Subs. by the Ordinance No. XIII of 1999, s. 2. 3Ins. by the Anti-terrorism (Second Amdt.) Act, 2013 (XX of 2013), ss. 10 and 11. 4Subs. by the Anti-terrorism (Amdt.) Ordinance, 2002 (6 of 2002), s. 2. 5Subs. and shall be deemed to have always been so subs. by the Anti-terrorism (Second Amdt.) Ordinance. 2002 (134 of 2002).


Provided that in order to ensure that the time of the court is not wasted if for some reason a given case cannot proceed more than one case can be assigned to it at any time or from time to time.

(3) In respect of a case assigned to a court under sub-section (2), all orders made or proceedings taken before the assignment shall be deemed to have been made or taken by the court to which the case has been assigned.]

1[(4) Notwithstanding anything contained in sub-section (2) and sub-section (3), the Federal Government or if so directed by the Government, the Provincial Government shall in addition to the existing 2[Anti-terrorism Courts] or such other Anti-terrorism courts as may be established in the area, establish one such additional 2[Anti-terrorism Court] under this Act at the principal seat of 2[each High Court] and appoint a Judge of such High Court as a Judge of 2[Anti-terrorism Court] in consultation with the Chief Justice of the High Court concerned, and where a Judge of a High Court is appointed as a Judge of 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 moto 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 sub-section (1) of section 28, transfer, withdraw or recall any case pending before any other 2[Anti-terrorism Court] in that area and may either try the case himself or make it over for trial to any other 2[Anti-terrorism Court] in that area.

(5) The 2[Anti-terrorism Court] to which a case is transferred or recalled for trial under sub-section (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.]

3[14. Composition and appointment of presiding officers of Anti-terrorism Courts.- (1) An Anti-terrorism Courts 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) is a Judicial Magistrate First Class vested with powers under section 30 of the Code; or

(iii) has for a period of not less than ten years been an advocate of a High Court.

(2) The Federal Government or the Provincial Government, if directed by the Federal Government to establish a court under this Act, shall, after consultation with the Chief Justice of the High Court, appoint a Judge of each court.

 

 

1New Sub-Sections (4) and (5) added by the Anti-terrorism (Third Amdt) Ordinance, 1999 (20 of 1999), s.2. 2Subs. by the Ordinance No. 6 of 2002, s. 2 for “Special Courts”. 3Subs. and shall be deemed to have always been so subs, by the Anti-terrorism (Second Amdt.) Ordinance, 2002 (134 of 2002).


 

(3) A Judge shall hold office for a period of two and a-half years but may be appointed for such further term or part of term as the Government appointing the Judge may determine.

(4) A Judge may be removed from his office prior to the completion of the period for which he has been appointed after consultation with the Chief Justice of the High Court.

(5) In case a Judge is on leave, or for any other reason temporarily unable to perform his duties, the Government making appointment of such Judge may, after consultation with the Chief Justice of the High Court, authorized the Sessions Judge, having jurisdiction at the principal seat of the Anti-terrorism Court, to conduct proceedings of urgent nature so long as such judge is unable to perform his duties.

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